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This is a Bill, not an Act. For current law, see the Acts databases.
2017
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for Planning and Land Management)
Contents
Page
2017
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for Planning and Land Management)
Lands Acquisition Amendment Bill 2017
A Bill for
An Act to amend the
The Legislative Assembly for the Australian Capital Territory enacts as
follows:
This Act is the Lands Acquisition Amendment Act 2017
.
This Act commences on the day after its notification day.
Note The naming and commencement provisions automatically commence on
the notification day (see
, s 75 (1)).
This Act amends the
.
4 Notification of compulsory
acquisition declarations
New section 38 (b) (ia) and (ib)
insert
(ia) stating that if the person does not make a claim for compensation within 3 years after the day the declaration comes into force, the Executive may make an offer of compensation to the person under section 61A (2) (Executive may make offer of compensation where no claim is made); and
(ib) stating that if the Executive makes an offer of compensation under section 61A (2) to the person, the person is not entitled to make a claim for compensation under section 56 in relation to the acquisition; and
insert
61A Executive may make offer of compensation where no claim is made
(1) This section applies if—
(a) the Executive is satisfied that an interest in land (other than a mortgage interest) has been acquired by compulsory process from a person; and
(b) at least 3 years have passed since the date of acquisition; and
(c) the person has not made a claim for compensation under section 56.
(2) The Executive may make an offer of compensation to the person that the Executive considers the person is entitled to in accordance with division 6.2 (Amount of compensation—interests other than mortgage interests).
Note An offer is an internally reviewable decision (see s 104AA), and the Executive must give an internal review notice to the person (see s 104AB).
(3) The internal review notice about the offer of compensation must include a statement—
(a) that the Executive is satisfied that the interest in land (other than a mortgage interest) has been acquired by compulsory process from the person; and
(b) that at least 3 years have passed since the date of acquisition and the person has not made a claim for compensation under section 56; and
(c) about how the compensation offered is worked out.
(4) If the Executive makes an offer of compensation to the person under subsection (2) for the acquisition, the person is not entitled to make a claim for compensation under section 56 in relation to the acquisition.
(5) In this section:
date of acquisition means the day a declaration under section 33 (Acquisition by compulsory process) in relation to an interest in land came into force.
substitute
62 Compensation for compulsory acquisition—person may accept or reject Executive’s offer
(1) This section applies if the Executive makes an offer of compensation to a person under section 59 (1) or section 61A (2).
(2) The person may, by written notice given to the Executive—
(a) accept the offer of compensation; or
(b) reject the offer of compensation, tell the Executive the amount of compensation that the person considers the person is entitled to, and state how the amount is worked out.
7 Compensation for compulsory
acquisition—Executive to reconsider offer and make final
offer
Section 63 (1)
omit
claimant
substitute
person
substitute
(3) If the Executive has not given a reviewable decision notice to the person within the 2-month period—
(a) the internal review notice given to the person in relation to a claim under section 59 (1) or an offer of compensation under section 61A (2), is taken to be a reviewable decision notice given to the person on the last day of the 2-month period; and
(b) the offer of compensation made in the internal review notice under section 59 (1) or section 61A (2) is taken to be a final offer of compensation.
substitute
64 Compensation for compulsory acquisition—person may accept or reject Executive’s final offer
10 Advance payment on account of
compensation
Section 70 (2) and (3)
substitute
(2) The Executive must make an advance on account of compensation under this part if the Executive has—
(a) accepted a claim for compensation and made an offer of compensation to the person; or
(b) made an offer of compensation to the person under section 61A (2) (Executive may make offer of compensation where no claim is made).
(3) An advance under subsection (2), when added to advances to the same person in relation to the same compensation under subsection (1), must be not less than 90% of the amount of the Executive’s offer of compensation.
11 Interest payable on
compensation—interests other than mortgage interests
Section
76
omit
claimant
substitute
person
12 Definitions—pt
9A
Section 104AA, definition of internally reviewable
decision
after
section 59 (1)
insert
, section 61A (2)
substitute
104AB Internal review notices
If the Executive makes an internally reviewable decision, the Executive must give an internal review notice only to—
(a) for section 59 (1) or section 83 (1)—the claimant; and
(b) for section 61A (2)—the person offered compensation.
Note The requirements for internal review notices are prescribed under
the
.
insert
Part 15 Transitional
200 Meaning of commencement day—pt 15
In this part:
commencement day means the day the Lands Acquisition Amendment Act 2017, section 3 commences.
201 Compulsory acquisition before commencement day
(1) This section applies if—
(a) the Executive is satisfied that an interest in land (other than a mortgage interest) has been acquired by compulsory process from a person before the commencement day; and
(b) at least 3 years have passed since the commencement day; and
(c) the person has not made a claim for compensation under section 56.
(2) Section 61A applies as if a reference to the date of acquisition mentioned in section 61A (1) (b) and (3) (b) were a reference to the commencement day.
202 Expiry—pt 15
This part expires 4 years after the day it commences.
Note Transitional provisions are kept with the original provisions for a limited time to ensure people are aware of them. However, the expiry of a transitional provision does not end their effect (see Legislation Act
, s 88).
15 Reviewable
decisions
Schedule 1, item 3
substitute
|
3
|
63 (1) (c) or (3)
|
make final offer
|
person offered compensation
|
Endnotes
1 Presentation speech
Presentation speech made in the Legislative Assembly on 8 June 2017.
2 Notification
Notified under the
on 2017.
3 Republications of amended laws
For the latest republication of amended laws, see www.legislation.act.gov.au
.
© Australian Capital Territory 2017
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