Page 2275 - Week 07 - Thursday, 16 June 1994

TERRITORY CAN ACQUIRE LAND OUTSIDE THIS PROCESS. HOWEVER, IF

LAND IS TO BE ACQUIRED BY WAY OF THE BILL THEN THE PROCESSES

OF NOTIFICATION OF THE DECISION TO ACQUIRE AND OFFER OF

COMPENSATION TO AFFECTED PERSONS MUST BE FOLLOWED.

REVIEW OF DECISIONS IS ANOTHER IMPORTANT ISSUE. THE EXECUTIVE

CAN BE ASKED TO REVIEW ITS DECISION TO ACQUIRE. IF A PERSON IS

STILL NOT SATISFIED WITH THE OUTCOME OF THE EXECUTIVE'S REVIEW,

THIS DECISION MAY BE FURTHER REVIEWED, OTHER THAN WHERE THE

INTEREST IS REQUIRED URGENTLY. THAT REVIEW WILL BE CARRIED

OUT BY THE ASSEMBLY.

IN THE COMMONWEALTH THE REVIEW IS CARRIED OUT BY THE

ADMINISTRATIVE APPEALS TRIBUNAL HOWEVER, THE REVIEW IS

LIMITED IN THAT THE POLICY DECISION WHICH LED TO THE DECISION TO

ACQUIRE IS NOT SUBJECT TO REVIEW. AS SUCH A REVIEW WILL OFTEN

RAISE QUESTIONS OF POLICY, SUCH AS PLANNING CONCERNS WHICH

LED TO THE DECISION TO ACQUIRE, IT IS APPROPRIATE THAT THE BODY

WHICH AGREED TO THAT POLICY BEING ADOPTED BE ASKED TO REVIEW

ITS DECISION. THIS WILL BE ACHIEVED BY MAKING THE DECISION TO

ACQUIRE A DISALLOWABLE INSTRUMENT.

COMPENSATION FOR ACQUISITION OF LAND HAS TO BE ON JUST TERMS.

THE BILL SEEKS TO ENSURE THAT A PERSON IS NO BETTER OFF AND NO

WORSE OFF AS A RESULT OF THE ACQUISITION. THE BILL SEEKS TO

ACHIEVE THIS BY PROVIDING OBJECTIVE CRITERIA AGAINST WHICH

CLAIMS MAY BE CONSIDERED AND THEN COMPENSATION PAID. REVIEW

OF COMPENSATION OFFERED IS ALSO A FEATURE OF THE BILL,

ALTHOUGH IN THIS CASE REVIEW WILL BE CARRIED OUT BY THE

ADMINISTRATIVE APPEALS TRIBUNAL

THE BILL ALSO IMPOSES TIME CONSTRAINTS ON THE PROCESSING OF

APPLICATIONS FOR COMPENSATION. FURTHER, IT ENABLES THE EARLY

PAYMENT OF PART OF THE COMPENSATION IF THE PARTIES ARE IN

DISAGREEMENT AS TO THE AMOUNT OF COMPENSATION THAT SHOULD

BE PAID.

THE BILL RECOGNISES THE DISTINCT NATURE OF THE TERRITORY'S

LEASEHOLD SYSTEM. IN SOME INSTANCES IT WILL ENABLE SOME

EXISTING LEASING ARRANGEMENTS TO CONTINUE. THERE ARE LEASES

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