Page 2273 - Week 07 - Thursday, 16 June 1994

PRESENTATION SPEECH

LANDS ACQUISITION BILL 1994

MADAM SPEAKER, IN SEPTEMBER LAST YEAR I RELEASED FOR PUBLIC

COMMENT AN EXPOSURE DRAFT OF THE LANDS ACQUISITION BILL.

THE BILL WAS DEVELOPED TO PROVIDE THE TERRITORY WITH THE

ABILITY TO COMPULSORILY ACQUIRE LAND, IF THAT WAS NECESSARY,

TO GIVE EFFECT TO ITS POLICIES AND OBJECTIVES. AT THE SAME TIME,

THERE IS A NEED TO PUT IN PLACE PROCEDURES THAT PROTECT THE

CONCERNS AND INTERESTS OF PROPERTY OWNERS WHOSE LAND MAY BE

ACQUIRED COMPULSORILY BY THE TERRITORY. A BALANCE HAD TO BE

STRUCK BETWEEN PROTECTING THE RIGHTS OF INDIVIDUALS AND

ENABLING THE TERRITORY TO MEET ITS PROGRAM OBJECTIVES.

A NUMBER OF ORGANISATIONS AND INDIVIDUALS COMMENTED ON THE

DRAFT BILL. I WOULD LIKE TO THANK THOSE INVOLVED FOR THEIR

SUBMISSIONS. I AM PLEASED TO ADVISE THAT THE GENERAL THRUST OF

THE LEGISLATION WAS SUPPORTED BUT I WOULD LIKE TO ADDRESS A

NUMBER OF SPECIFIC CONCERNS RAISED IN THE SUBMISSIONS.

THE QUESTION OF COMPATIBILITY WITH SIMILAR NEW SOUTH WALES

LEGISLATION WAS AN ISSUE. IT WAS CONSIDERED THAT NEW SOUTH

WALES PRINCIPLES FOR DETERMINING COMPENSATION WERE BROADER.

HOWEVER, THE NEW SOUTH WALES LEGISLATION SETS IN PLACE

PROCEDURES AND PRACTICES DEVELOPED OVER TIME IN THAT STATE.

IT ALSO REFLECTS THE DIFFERENT LAND SYSTEMS THAT OPERATE IN

NEW SOUTH WALES WHICH DO NOT APPROXIMATE THOSE WE HAVE IN

THE TERRITORY.

THE BILL IS MODELLED CLOSELY ON THE COMMONWEALTH LANDS

ACQUISITION ACT 1989, WHICH WAS DEVELOPED ON PRINCIPLES THAT

HAVE EVOLVED THROUGH THE COURTS AND PRACTICE. THEY ARE

APPLICABLE TO THE TERRITORY, ESPECIALLY GIVEN ITS CLOSE

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