Contents (1991 - 22)
Land Acquisition (Just Terms Compensation) Act 1991 No 22
Status information

Long title

Part 1 Preliminary

1 Name of Act
2 Commencement
3 Objects of Act
4 Definitions
4A Notes in the text
5 Acquisition of land to which Act applies
6 Acquisition of land to which Act does not apply
7 Act not to empower authority to acquire land
7A Authority empowered to acquire native title
7B Authority empowered to acquire its own land
8 Act to prevail over other Acts relating to acquisition of land
9 Act binds Crown
10 Statement of guaranteed acquisition at market value

Part 2 Acquisition of land by compulsory process

Division 1 Pre-acquisition procedures

11 Notice of intention to acquire land by compulsory process
12 Owners to be given notice
13 Minimum period of notice
14 Compulsory acquisition to be completed as soon as practicable
15 Particulars to be included in proposed acquisition notice
16 Withdrawal or amendment of proposed acquisition notice
17 Registrar-General to be notified of proposed acquisition notice and withdrawal or amendment of such notice
18 Valuer-General to be notified of proposed acquisition notice

Division 2 Acquisition procedures

19 Compulsory acquisition by notice in Gazette
20 Effect of acquisition notice

Division 3 Owner-initiated acquisition in cases of hardship

21 Definition of “land designated for acquisition for a public purpose”
22 Owners of land to whom Division applies
23 Owner who suffers hardship may require authority of the State to acquire land designated for acquisition
24 Hardship
25 Method of acquisition under this Division
26 Compensation for acquisition under this Division
27 Authority of the State may lift designation of land
28 (Repealed)

Division 4 Miscellaneous provisions relating to acquisition

29 Acquisition of Crown land
30 Compulsory acquisition with consent of owners
31 Rescission of acquisition notice
32 New interests in land
33 Validity of compulsory acquisition
34 Former owner’s right to occupy land until compensation paid etc
35 Power of authority of the State to obtain possession of compulsorily acquired land
36 Adverse use of acquired land

Part 3 Compensation for acquisition of land

Division 1 Entitlement to compensation

37 Right to compensation if land compulsorily acquired
37A Requests for non-monetary compensation for native title
38 Compensation entitlement if land (not available for public sale) acquired by agreement

Division 2 Claims for compensation

39 Claim for compensation
40 Owner claiming compensation must disclose particulars of other persons with an interest in land
41 Valuer-General to be given copy of claim for compensation

Division 3 Post-acquisition procedures relating to compensation

42 Notice of compensation entitlement and offer of compensation
43 Particulars to be included in notice of compensation entitlement and offer of compensation
43A Amendment or rescission of compensation notice
44 Acceptance of offer of compensation
45 Deemed acceptance of offer of compensation
46 Claim for compensation by person not offered compensation
47 Valuer-General to determine amount of compensation offered
48 Advance payments of compensation etc
49 Interest on compensation
50 Rate of interest on compensation
51 Trust account
52 Payments to be a good discharge
53 Compensation for interest not known to acquiring authority

Division 4 Determination of amount of compensation

54 Entitlement to just compensation
55 Relevant matters to be considered in determining amount of compensation
56 Market value
57 Special value
58 Loss attributable to severance
59 Loss attributable to disturbance
60 Solatium
61 Special provision relating to market value assessed on potential of land
62 Special provision relating to acquisition of easements or rights, tunnels etc
63 Pre-acquisition agreements on compensation
64 Compensation in form of land or works
65 Effect of acquisition of mortgage interest

Division 5 Objections and appeals to Land and Environment Court

66 Objection against amount of compensation offered
67 Appeal against failure to entertain claim for compensation
68 Payment of compensation arising from court proceedings

Part 4 Compensation for abandoned acquisition of land

69 Compensation for withdrawal of proposed acquisition notice
70 Compensation for rescission of acquisition notice
71 Claims for compensation under this Part

Part 5 Miscellaneous

72 Manner of giving or serving notices or documents
73 Proceedings for offences
74 Regulations
75 (Repealed)
76 Repeal of Acts
77 Savings, transitional and other provisions

 Schedule 1 (Repealed)

 Schedule 2 Repeal of Acts

 Schedule 3 Savings, transitional and other provisions

Historical notes