Commonwealth Numbered Acts

LANDS ACQUISITION ACT 1989 No. 15 of 1989 - SECT 41

41. (1) If, in relation to the acquisition of an interest in land by an
acquiring authority:

   (a)  a pre-acquisition declaration has become absolute and is in force; or

   (b)  a certificate has been given under section 24; the Minister may,
        subject to section 42, declare, in writing, that the interest is
        acquired by the acquiring authority by compulsory process.

(2) The declaration shall:

   (a)  identify the land concerned; and

   (b)  specify the public purpose for which the interest is being acquired.

(3) A copy of the declaration shall be published in the Gazette and, if
practicable, in a newspaper circulating in the district in which the land is
situated.

(4) On the publication in the Gazette of a copy of the declaration, the
interest is, by force of this Act:

   (a)  vested in the acquiring authority; and

   (b)  freed and discharged from all other interests and from all trusts,
        restrictions, dedications, reservations, obligations, mortgages,
        encumbrances, contracts, licences, charges and rates.

(5) Where, because of paragraph (4) (b), another interest in the land is, in
whole or in part, divested, extinguished or diminished, that other interest
shall, to that extent, be taken, for the purposes of this Act (except section
46), to have been acquired by compulsory process.

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

   (a)  the person is an owner of the interest identified in the declaration;
        or

   (b)  the person is an owner of some other interest in the land that,
        because of paragraph (4) (b), is divested, extinguished or diminished.