This Act may be cited as the Land Acquisition (Just Terms Compensation) Act 1991.
This Act commences on a day or days to be appointed by proclamation.
(1) The objects of this Act are:(a) to guarantee that, when land affected by a proposal for acquisition by an authority of the State is eventually acquired, the amount of compensation will be not less than the market value of the land (unaffected by the proposal) at the date of acquisition, and(b) to ensure compensation on just terms for the owners of land that is acquired by an authority of the State when the land is not available for public sale, and(c) to establish new procedures for the compulsory acquisition of land by authorities of the State to simplify and expedite the acquisition process, and(d) to require an authority of the State to acquire land designated for acquisition for a public purpose where hardship is demonstrated, and(e) to encourage the acquisition of land by agreement instead of compulsory process.(2) Nothing in this section gives rise to, or can be taken into account in, any civil cause of action.
(1) In this Act:acquisition of land means an acquisition of land or of any interest in land.
acquisition notice means a notice under section 19 which declares that land has been acquired by compulsory process.
authority of the State means:
(a) a Minister of the Crown, or(b) a statutory body representing the Crown, or(c) a council or a county council within the meaning of the Local Government Act 1993, or(d) any other authority authorised to acquire land by compulsory process.Commonwealth Native Title Act or NTA means the Native Title Act 1993 of the Commonwealth.
compensation notice means a notice under section 42 which notifies the former owners of land of a compulsory acquisition, their entitlement to compensation and the amount of compensation offered.
compulsory acquisition of land means the acquisition of the land by compulsory process under this Act.
Crown land means:
(a) Crown land within the meaning of the Crown Lands Act 1989, or(b) Crown land dedicated for a public purpose, or(c) any other land of the Crown or of an authority of the State.interest in land means:
(a) a legal or equitable estate or interest in the land, or(b) an easement, right, charge, power or privilege over, or in connection with, the land.land includes any interest in land.
loss attributable to disturbance of land is defined in section 59.
loss attributable to severance of land is defined in section 58.
market value of land is defined in section 56.
native title and native title rights and interests has the same meaning as in the Commonwealth Native Title Act.
owner of land means any person who has an interest in the land.
proposed acquisition notice means a notice under section 11 of intention to acquire land by compulsory process.
public purpose means any purpose for which land may by law be acquired by compulsory process under this Act.
registered interest in land means an interest in the land:
(a) recorded in the Register kept under the Real Property Act 1900, or(b) recorded in the General Register of Deeds kept under the Conveyancing Act 1919, or(c) recorded in the National Native Title Register kept under the Commonwealth Native Title Act if the interest is an interest in relation to land that is the subject of an approved determination of native title (other than an approved determination that no native title exists).solatium is defined in section 60.
special value of land is defined in section 57.
(2) For the purposes of this Act, an authority is authorised to acquire land by compulsory process if:(a) the authority is authorised by law to acquire land by compulsory process under this Act, or(b) land is authorised by law to be acquired for the authority by resumption or appropriation under any provision of the Public Works Act 1912 or the authority is declared by law to be a Constructing Authority in connection with any such resumption or appropriation.(3) In this Act, a reference to the Minister responsible for an authority of the State is:(a) if that authority is constituted by or under an Act—a reference to the Minister administering that Act, or(b) if that authority is a Minister—a reference to that Minister.(4) For the purposes of this Act, the owners of Crown land not vested in any other person include:(a) the person having the care and control of the land, or(b) if the land is not under the care and control of any person—the Minister administering the Crown Lands Act 1989.(5) For the purposes of this Act, owner of land includes a holder of native title rights and interests in relation to land.Note. Approved determination of native title, referred to in paragraph (c) of the definition of registered interest in s 4 (1), is defined in s 253 NTA.
Notes included in this Act are explanatory notes and do not form part of this Act.
5 Acquisition of land to which Act applies
(1) This Act applies to the acquisition of land (by agreement or compulsory process) by an authority of the State which is authorised to acquire the land by compulsory process.(2) This Act does not apply to any such acquisition if the land is available for public sale and the land is acquired by agreement.(3) Land is available for public sale if:(a) the land is advertised by the owner as being available for sale, or(b) the land is listed by the owner with a real estate agent as being available for sale, or(c) the land is otherwise held out by the owner as being available for sale.
6 Acquisition of land to which Act does not apply
This Act does not apply to an acquisition of land if:(a) (Repealed)(b) the acquisition consists of the taking of a mortgage, charge or other similar security over an interest in land, or(c) the acquisition consists of an interest in land which is acquired otherwise than by agreement or compulsory process, or(d) the acquisition consists of the revocation of exclusive rights of burial that have been granted under an Act in relation to a public cemetery.
7 Act not to empower authority to acquire land
(1) This Act does not empower an authority of the State to acquire land if it does not have the power (apart from this Act) to acquire the land.(2) The power of an authority of the State to acquire land under another Act is affected by sections 7A and 7B of this Act. Any such acquisition to which section 7A or 7B applies remains, for all purposes, an acquisition of land under and subject to that other Act.
7A Authority empowered to acquire native title
(1) An authority of the State that is authorised by law to acquire land by compulsory process in accordance with this Act is authorised to acquire native title rights and interests in relation to the land in the same way that other interests in the land may be acquired.(2) For the purposes of any such acquisition of native title rights and interests, the authority of the State is, despite any provision of this or any other Act to the contrary, authorised to comply with any relevant procedure under the Commonwealth Native Title Act for a valid acquisition of those rights and interests.Note. Relevant procedures under the NTA include the following different procedures:(a) the right to negotiate procedure under Subdivision P of Division 3 of Part 2,(b) the procedure under section 24MD (6B),(c) the procedure under an indigenous land use agreement.Section 26 NTA makes provision with respect to the application of the right to negotiate procedure—see section 26 (1) (c) (iii) (A) NTA with respect to compulsory acquisitions that confer rights on a Government party. Section 24MD NTA sets out a number of requirements for extinguishment of native title by compulsory acquisition that passes the freehold test (including the need to acquire the whole or relevant part of all non-native title rights and interests—see subsection (2) (b)).
7B Authority empowered to acquire its own land
An authority of the State that is authorised by law to acquire land by compulsory process in accordance with this Act may so acquire the land even if the land is vested in the authority itself.
8 Act to prevail over other Acts relating to acquisition of land
This Act prevails, to the extent of any inconsistency, over the provisions of any other Act relating to the acquisition of land by an authority of the State.
This Act binds the Crown, not only in right of New South Wales but also, so far as the legislative power of Parliament permits, in all its other capacities.
10 Statement of guaranteed acquisition at market value
(1) When, on request by or on behalf of an owner or prospective purchaser of land, an authority of the State gives a person written notice to the effect that the land is affected by a proposal for acquisition by the authority, the notice must contain the following:(a) a statement that the Land Acquisition (Just Terms Compensation) Act 1991 guarantees that, if and when the land is acquired by (insert name of authority) under that Act, the amount of compensation will not be less than market value (assessed under that Act) unaffected by the proposal,(b) such other information as the regulations may require.(2) This section does not apply to a proposal to acquire an easement, or right to use land, under the surface for the construction and maintenance of works.(3) Nothing in this section or in a statement made in a notice pursuant to this section gives rise to, or can be taken into account in, any civil cause of action.