Commonwealth Numbered Acts

LANDS ACQUISITION ACT 1989 No. 15 of 1989 - SECT 42

42. (1) The Minister may not make a declaration under subsection 41 (1)
regarding an interest in land that consists of, or is in, a public park
unless:

   (a)  the Government or Administration of the State or Territory in which
        the land is situated has consented to the acquisition of the interest;

   (b)  except where both Houses of the Parliament have resolved that the
        acquisition may proceed without the holding of an inquiry under
        section 11 of the
        Environment Protection (Impact of Proposals) Act 1974 - an inquiry
        under that section has been conducted in relation to the acquisition
        of the interest by the acquiring authority; and

   (c)  where:

        (i)    the Houses of the Parliament have resolved as mentioned in
               paragraph (b); and

        (ii)   the land is, or is in, a national estate area or a
               world heritage area;
an environmental impact statement under the Environment 
Protection (Impact of Proposals) Act 1974 has been prepared in
relation to the proposed acquisition.

(2) Nothing in this section shall be regarded as limiting the operation of the
Environment Protection (Impact of Proposals) Act 1974.

(3) In this section:

"national estate area" means an area entered in the Register of the National
Estate under the Australian Heritage Commission Act 1975;

"world heritage area" means an area that has been included in the World
Heritage List provided for in paragraph 2 of Article 11 of the Convention for
the Protection of the World Cultural and Natural Heritage, being the
Convention a copy of the English text of which is set out in the Schedule to
the World Heritage Properties Conservation Act 1983.