Commonwealth Numbered Acts

LANDS ACQUISITION ACT 1989 No. 15 of 1989 - SECT 22

22. (1) The Minister may declare in writing that the Minister is considering
the acquisition by an acquiring authority of an interest in land (other than a
mortgage interest) for a public purpose.

(2) The declaration shall identify the acquiring authority, the land, the
interest in the land and the public purpose.

(3) Except where the interest is a restriction on the use of land, the
Minister shall include in the declaration:

   (a)  a statement that the land appears to the Minister to be suitable for
        use, or for development for use, for a public purpose; and

   (b)  a statement setting out:

        (i)    particulars of the use to which the land will be put or for
               which it will be developed; and

        (ii)   the reasons why the land appears to be suitable for that use or
               for development for that use.

(4) Where the interest is a restriction on the use of land, the Minister shall
include in the declaration:

   (a)  a statement that it appears to the Minister to be appropriate for the
        acquiring authority to be given, for a public purpose, the benefit of
        the restriction on the use of the land; and

   (b)  a statement:

        (i)    explaining the nature of the restriction; and

        (ii)   setting out the reasons why it is appropriate for the acquiring
               authority to be given the benefit of the restriction.

(5) The Minister may include in the declaration a statement that the proposed
use of the land, or the proposed restriction on the use of the land, as the
case may be, is connected with the implementation of a policy particulars of
which are set out in the declaration.

(6) If the Minister includes in the declaration a statement under subsection
(5), the Minister may also include a statement:

   (a)  that it is essential, for the implementation of the policy referred to
        in the statement under subsection (5), that the interest in the land
        be acquired; and

   (b)  that the declaration is, for that reason, not subject to review by the
        Administrative Appeals Tribunal.

(7) The Minister shall give a copy of the declaration to each person whom the
Minister believes, after diligent inquiry, to be a person affected by the
declaration, together with:

   (a)  a sketch showing the location of the land to which the declaration
        relates; and

   (b)  a statement setting out a summary of the principal rights conferred by
        this Act on persons whose interests in land are affected by a
        pre-acquisition declaration.

(8) If documents referred to in subsection (7) are required to be given to 2
or more persons, the Minister shall, as far as practicable, ensure that the
documents are given to the persons at or about the same time.

(9) The declaration ceases to be in force if:

   (a)  the interest is acquired under this Act;

   (b)  the declaration is revoked; or

   (c)  the declaration ceases to have effect because of section 25 or
        subsection 44 (2) or 46 (3).

(10) For the purposes of this Act, a person shall be taken to be affected by
the declaration if, and only if:

   (a)  the person is an owner of the interest in land specified in the
declaration (in this subsection called the "declaration interest"); or

   (b)  the person is an owner of some other interest in land that, if the
        declaration interest were acquired by compulsory process, would be in
        whole or in part divested, extinguished or diminished because of
        paragraph 41 (4) (b).

(11) For the purposes of this Act, an interest in land shall be taken to be
affected by the declaration if, and only if:

   (a)  the interest is the same as, includes or is included in, the interest
        in
land specified in the declaration (in this subsection called the "declaration
interest"); or

   (b)  the interest is some other interest in land that, if the declaration
        interest were acquired by compulsory process, would be in whole or in
        part divested, extinguished or diminished because of paragraph 41 (4)
        (b).