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LAND ACQUISITION (JUST TERMS COMPENSATION) ACT 1991 - SECT 31
Rescission of acquisition notice
(1) The Governor may, by notice published in the Gazette, rescind in whole or
in part any acquisition notice.
(2) An acquisition notice may not be
rescinded unless a Minister has certified that it is necessary to do so for
the purpose of correcting a clerical error or obvious mistake or for other
good cause or that the former owners of the land have agreed to the
rescission.
(3) An acquisition notice published under Division 3
(Owner-initiated acquisition in cases of hardship) may not be rescinded
without the consent of the owner who required the acquisition.
(4) On the
publication in the Gazette of the rescission notice, the land described in the
rescission notice: (a) revests in the person who was entitled to it
immediately before the compulsory acquisition for the estate, interest or
right which the person had immediately before the compulsory acquisition, but
subject to any interest in or equity binding on the land created by the
authority of the State since its compulsory acquisition, and
(b) is subject
to all trusts, restrictions, dedications, reservations, easements, rights,
charges, rates and contracts from which it was freed and discharged by the
compulsory acquisition, and
(c) is subject to any interests in or equities
binding on the compensation money that were created since the
compulsory acquisition.
(5) If a resumption application relating to land
described or referred to in an acquisition notice has been lodged under
section 31A (2) of the Real Property Act 1900 with the Registrar-General: (a)
a rescission notice may not rescind so much of the acquisition notice as
relates to that land, and
(b) any transfer of that land, after it has been
brought under the provisions of the Real Property Act 1900 , to the person
who was entitled to it immediately before the resumption is, for the purposes
of Part 4 of this Act, taken, on its registration under that Act: (i) to
revest that land under this section in the transferee, and
(ii) to rescind
the compulsory acquisition in so far as it relates to that land.
(6) Part 4
deals with the compensation payable when an acquisition notice is rescinded
under this section.
(7) In this section,
"acquisition notice" includes a notification of appropriation or resumption
made under the Public Works Act 1912 before the commencement of this section.
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