Commonwealth Numbered Acts

LANDS ACQUISITION ACT 1989 No. 15 of 1989 - SECT 87

87. (1) Where:

   (a)  a person is entitled to be paid compensation in accordance with this
        Part in respect of an acquisition;

   (b)  the amount of the compensation has been determined in accordance with
        Division 5;

   (c)  the proof of title requirement in relation to the acquisition has been
        satisfied; and

   (d)  the person has:

        (i)    produced or surrendered all deeds and documents relating to, or
               evidencing, the person's title to the interest that the
               Secretary to the Attorney-General's Department, or a person
               authorised under subsection 55E (4) of the Judiciary Act 1903,
               reasonably requires to be produced or surrendered; and

        (ii)   executed such documents as that Secretary or a person so
               authorised reasonably requires; the Commonwealth shall pay to
               the person the amount of compensation so determined.

(2) For the purposes of subsection (1), the proof of title requirement in
relation to the acquisition shall be taken to have been satisfied if:

   (a)  the person has satisfied the Secretary to the Attorney-General's
        Department, or a person authorised under subsection 55E (4) of the
        Judiciary  Act 1903 , that the person had, immediately before the
        acquisition, title to the acquired interest;

   (b)  the Federal Court has:

        (i)    made a declaration under section 72 that the interest was
               acquired from the person by compulsory process; or

        (ii)   made a determination under section 127 that the person held the
               interest immediately before the acquisition; or

   (c)  because of a decision of the Administrative Appeals Tribunal on an
        application under section 71, the interest is to be taken, for the
        purposes of this Act, to have been acquired from the person by
        compulsory process.