Lands Acquisition Regulations 1989

Lands Acquisition Regulations 1989 Statutory Rules 1989 No. 111 as amended made under the Lands Acquisition Act 1989 This compilation was prepared on 4 March 2010 taking into account amendments up to SLI 2010 No. 22 Prepared by the Office of Legislative Drafting and Publishing, Attorney-General’s Department, Canberra Federal Register of Legislative Instruments F2010C00202 Contents Page 2 Lands Acquisition Regulations 1989 Contents 1 Name of Regulations [see Note 1] 3 2 Interpretation 3 3 Exempt authorities 3 4 Specified circumstance — paragraph 21 (1) (b) of the Act 3 4A Specified circumstances — paragraph 21 (1) (b) of the Act (Pipeline Authority and its subsidiaries) 3 4B Specified circumstances — paragraph 21 (1) (b) of the Act (defence housing) 4 4C Specified circumstance – paragraph 21 (1) (b) of the Act (lease of township area vested in the Tiwi Aboriginal Land Trust) 4 5 Interest payable on compensation — interests other than mortgage interests 4 6 Interest payable in compensation 5 7A Specified circumstances — paragraph 117 (1) (b) of the Act (Pipeline Authority and its subsidiaries) 5 7B Specified circumstances — paragraph 117 (1) (b) of the Act (defence housing) 5 7C Specified circumstances — paragraph 117 (1) (b) of the Act (Albury-Wodonga Development Corporation) 5 8 Prescribed address (Act s 137) 5 Schedule 1 Exempt authorities 7 Notes 9 Federal Register of Legislative Instruments F2010C00202 Regulation 4A Lands Acquisition Regulations 1989 3 1 Name of Regulations [see Note 1] These Regulations are the Lands Acquisition Regulations 1989. 2 Interpretation In these Regulations, unless the contrary intention appears: the Act means the Lands Acquisition Act 1989. 3 Exempt authorities For the purposes of paragraph (b) of the definition of Commonwealth authority in section 6 of the Act, each of the authorities specified in Column 2 in Schedule 1 is declared to be an exempt authority. 4 Specified circumstance — paragraph 21 (1) (b) of the Act The Act does not apply in relation to the acquisition by the Aboriginal and Torres Strait Islander Commission of an interest in land under section 14 of the Aboriginal and Torres Strait Islander Commission Act 1989 for the benefit of, or assistance to, Aboriginal and Torres Strait Islander corporations. 4A Specified circumstances — paragraph 21 (1) (b) of the Act (Pipeline Authority and its subsidiaries) The Act does not apply in relation to an acquisition by the Pipeline Authority, or a subsidiary company of the Authority, of an interest in land (including land in a public park) by agreement, under the Pipeline Authority Act 1973. Federal Register of Legislative Instruments F2010C00202 Regulation 4B 4 Lands Acquisition Regulations 1989 4B Specified circumstances — paragraph 21 (1) (b) of the Act (defence housing) The Act does not apply in relation to the acquisition by the Commonwealth from the Defence Housing Authority of an interest in land, other than a freehold interest, for the purpose of providing housing to meet the operational needs of the Defence Force. 4C Specified circumstance – paragraph 21 (1) (b) of the Act (lease of township area vested in the Tiwi Aboriginal Land Trust) (1) The Act does not apply in relation to the acquisition by the Commonwealth of a lease of the land mentioned in subregulation (2) in the circumstance that the acquisition occurs in accordance with section 19A of the Aboriginal Land Rights (Northern Territory) Act 1976. (2) The land is the parcel of land on Bathurst Island in the Northern Territory with an area of 454 hectares more or less, being Northern Territory Portion 6798, delineated on Survey Plan S2007/183 lodged with the Northern Territory Surveyor-General in Darwin. (3) This regulation ceases to have effect at the end of 31 March 2008. 5 Interest payable on compensation — interests other than mortgage interests For the purposes of subsection 91 (2) of the Act, the rate of interest payable on compensation is the rate that is the assessed secondary market yield, in respect of 5-year non-rebate Treasury bonds, published by the Reserve Bank in respect of a month in respect of which the Commonwealth is liable to pay compensation to the relevant claimant under Part VII of the Act. Federal Register of Legislative Instruments F2010C00202 Regulation 8 Lands Acquisition Regulations 1989 5 6 Interest payable in compensation For the purposes of subsection 115 (2) of the Act, the rate of interest payable on compensation is the rate that is the assessed secondary market yield, in respect of 5-year non-rebate Treasury bonds, published by the Reserve Bank in respect of a month in respect of which the Commonwealth is liable to pay compensation to the relevant claimant under Part VIII of the Act. 7A Specified circumstances — paragraph 117 (1) (b) of the Act (Pipeline Authority and its subsidiaries) The Act does not apply in relation to a disposal by the Pipeline Authority, or a subsidiary company of the Authority, of an interest in land (including land in a public park) by agreement, under the Pipeline Authority Act 1973. 7B Specified circumstances — paragraph 117 (1) (b) of the Act (defence housing) The Act does not apply in relation to the disposal by the Commonwealth of an interest in land, other than a freehold interest, for the purpose of providing housing to meet the operational needs of the Defence Force. 7C Specified circumstances — paragraph 117 (1) (b) of the Act (Albury-Wodonga Development Corporation) The Act does not apply in relation to the disposal by the Albury-Wodonga Development Corporation of an interest in land for the purpose of managing or disposing of assets under the Albury-Wodonga Development Act 1973. 8 Prescribed address (Act s 137) For subsection 137 (1) of the Act, the following address is prescribed: Federal Register of Legislative Instruments F2010C00202 Regulation 8 6 Lands Acquisition Regulations 1989 Secretary Department of Finance and Administration John Gorton Building King Edward Terrace CANBERRA ACT 2600 Note Subsection 137 (1) of the Act deals with addresses at which a document is to be given to the Minister. Federal Register of Legislative Instruments F2010C00202 Exempt authorities Schedule 1 Lands Acquisition Regulations 1989 7 Schedule 1 Exempt authorities (regulation 3) Column 1 Item No. Column 2 Authority 1 Australian Broadcasting Corporation 1A Australian Dairy Corporation 2 Australian Dried Fruits Corporation 3 Australian Honey Board 3A Australian Horticultural Corporation 3B Australian Horticultural Research and Development Corporation 4 Australian Industry Development Corporation 4A Australian Maritime Safety Authority 5 Australian Meat and Livestock Corporation 5A Australian Meat and Livestock Research and Development Corporation 5B Australian National Railways Commission 5BA Australian National University 5C Australian Postal Corporation 5D Australian Securities Commission 5E Australian Shipping Commission 5F Australian Telecommunications Corporation 6 Australian Tobacco Board 7 Australian Wheat Board 8 Australian Wine and Brandy Corporation 9 Australian Wool Corporation 10 Commonwealth Banking Corporation 11 Commonwealth Development Bank 12 Commonwealth Savings Bank Federal Register of Legislative Instruments F2010C00202 Schedule 1 Exempt authorities 8 Lands Acquisition Regulations 1989 Column 1 Item No. Column 2 Authority 13 Commonwealth Trading Bank 13B Indigenous Business Australia 13C Indigenous Land Corporation 14 Joint Coal Board 15 Reserve Bank of Australia 17 Snowy Mountains Hydro-electric Authority 18 Special Broadcasting Service Federal Register of Legislative Instruments F2010C00202 Notes to the Lands Acquisition Regulations 1989 Table of Instruments Lands Acquisition Regulations 1989 9 Notes to the Lands Acquisition Regulations 1989 Note 1 The Lands Acquisition Regulations 1989 (in force under the Lands Acquisition Act 1989) as shown in this compilation comprise Statutory Rules 1989 No. 111 amended as indicated in the Tables below. Table of Instruments Year and number Date of notification in Gazette or FRLI registration Date of commencement Application, saving or transitional provisions 1989 No. 111 7 June 1989 9 June 1989 (see Gazette 1989, No. S185) 1989 No. 274 19 Oct 1989 19 Oct 1989 — 1990 No. 291 21 Sept 1990 21 Sept 1990 — 1993 No. 56 4 May 1993 4 May 1993 — 1993 No. 325 10 Dec 1993 9 Nov 1993 (see r. 1) R. 3 1994 No. 389 25 Nov 1994 25 Nov 1994 — 1995 No. 110 31 May 1995 1 June 1995 — 1995 No. 112 6 June 1995 6 June 1995 — 2000 No. 304 16 Nov 2000 16 Nov 2000 — 2004 No. 20 26 Feb 2004 26 Feb 2004 — 2004 No. 82 30 Apr 2004 30 Apr 2004 — 2005 No. 8 14 Feb 2005 (see F2005L00220) 15 Feb 2005 — 2005 No. 156 8 July 2005 (see F2005L01694) 9 July 2005 — 2005 No. 207 (a) 19 Sept 2005 (see F2005L02673) 1 Oct 2005 (see r. 2) — 2007 No. 223 23 July 2007 (see F2007L02272) 24 July 2007 — 2010 No. 22 3 Mar 2010 (see F2010L00539) 4 Mar 2010 — Federal Register of Legislative Instruments F2010C00202 Notes to the Lands Acquisition Regulations 1989 Table of Amendments 10 Lands Acquisition Regulations 1989 Table of Amendments ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted Provision affected How affected R. 1 ..................................... rs. 2000 No. 304 R. 4 ..................................... rs. 1990 No. 291 R. 4A................................... ad. 1994 No. 389 R. 4B................................... ad. 1995 No. 112 R. 4C................................... ad. 2007 No. 223 R. 7 ..................................... rs. 1990 No. 291 rep. 2004 No. 82 R. 7A................................... ad. 1994 No. 389 R. 7B................................... ad. 1995 No. 112 R. 7C................................... ad. 2004 No. 20 R. 8 ..................................... rs. 2000 No. 304; 2005 No. 8 Schedule 1 Schedule 1.......................... am. 1989 No. 274; 1990 No. 291; 1993 Nos. 56 and 325; 1995 No. 110; 2005 Nos. 156 and 207; 2010 No. 22 Schedule 2 Schedule 2.......................... rep. 2000 No. 304 Federal Register of Legislative Instruments F2010C00202