Page 4583 - Week 12 - Thursday, 26 October 2017
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(1) Does the Lands Acquisitions Act 1994 cover all acquisitions where the ACT Government acquires an interest in land or property, including leases; if not, what is the legislation and sections (a) that set out any exemptions and (b) which subsequently govern the ACT Government when undertaking acquisitions exempt from the Lands Acquisitions Act 1994.
(2) What acquisitions of an interest in land or property by the ACT Government require a pre-acquisition declaration prior to purchase.
(3) Are any acquisitions of an interest in land or property by the ACT Government exempt from the pre-acquisition declarations; if so, what legislation and section sets out the exemption.
(4) When the ACT Government acquires a lease of land, does it acquire any legal or equitable estate or interest in the land.
(5) Do acquisitions of leases of land or property fall within the scope of “interest” as defined by the Lands Acquisitions Act 1994; if not, why not and what legislation and section sets out the exemption.
(6) Does the ACT Government need to make a pre-acquisition declaration before acquiring a lease of land; if so, what legislation and section sets out the requirement; if not, what legislation and section sets out the exemption.
Mr Gentleman: The answer to the member’s question is as follows:
(1) The requirements of the Lands Acquisition Act 1994 (the Act) apply to all compulsory and non-compulsory acquisitions of land by an acquiring authority, other than acquisitions covered by section 18. Under section 18, the requirements of the Act do not apply to:
a. acquisitions made in circumstances prescribed under the Lands Acquisition Regulation 1999. There are currently no prescribed circumstances (section 18(1)(a));
b. acquisitions by an acquiring authority under another law if the other law meets the criteria in sections 18(1)(b), 18(1)(c) or 18(2) of the Act;
c. acquisitions made by agreement (such as a mutually agreed sale/purchase) (section 18(1)(d)); and
d. the withdrawal by the Executive from a lease of Territory land of all or part of the land comprised in the lease where the withdrawal is made in accordance with the provisions of the lease (section 18(3)).
(2) Acquisitions of interests in land under the Act require a pre-acquisition declaration, subject to the exception in section 21 (urgent acquisitions). In addition, acquisitions by agreement under section 32 of the Act do not require a pre-acquisition declaration if the interest to be acquired is already held by the Territory or a Territory authority (section 32(2)(c)). Acquisitions to which the requirements of the Act do not apply as a result of the operation of section 18 (refer to answer number (1)) do not require a pre-acquisition declaration under the Act.
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