4Definitions
(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, a county council or a joint
organisation 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 Land Management Act 2016,
or
(b)
any other land of the Crown or of an authority of
the State.
disadvantage
resulting from relocation is defined in section
60.
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).
special value of land is
defined in section 57.
Note—
The Interpretation Act
1987 contains definitions and other provisions that affect
the interpretation and application of this Act.
(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 and Procurement 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 Land
Management Act 2016.
(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.
s 4: Am 1994 No 45,
Sch 1; 1995 No 11, Sch 1; 1998 No 88, Sch 3 [1]; 2016 No 59, Sch 1 [1]; 2017
No 17, Sch 4.44 [1] [2]; 2017 No 22, Sch 2.22; 2017 No 65, Sch
2.15.
10AMinimum period of negotiation for acquisition by agreement
before initiation of compulsory acquisition process
(1)
This section applies to land that is affected by
a proposal for acquisition by an authority of the State, other than a proposal
to acquire—
(a)
Crown land, or
(b)
an easement, or right to use land, under the
surface for the construction or maintenance of works, or
(c)
a stratum under the surface for the construction
of a tunnel.
(2)
The authority of the State is to make a genuine
attempt to acquire the land by agreement for at least 6 months before giving a
proposed acquisition notice.
(3)
The owner of the land and the authority of the
State may agree to a shorter or longer period of negotiation for the
acquisition of the land by agreement.
(4)
The Minister responsible for the authority of the
State may approve a shorter period of negotiation, but only if the Minister is
satisfied that the urgency of the matter or other circumstances of the case
make it impracticable to have any longer period of negotiation. Any such
approval requires the concurrence of the Minister administering this Act
(being concurrence given for the particular approval or given generally for an
approval of that kind).
(5)
This section does not prevent a continuation of
negotiation after the giving of a proposed acquisition
notice.
(6)
The authority of the State is not required to
comply with this section if—
(a)
the owner of the land notifies the authority that
the owner is not prepared to negotiate with the authority for the acquisition
of the land by agreement, or
(b)
the owner of the land cannot be located after the
making of reasonable inquiries.
(7)
Nothing in this section gives rise to, or can be
taken into account in, any civil cause of action.
s 10A: Ins 2016 No
59, Sch 1 [2].