New South Wales Consolidated Acts New South Wales Consolidated Acts
(1) The regulations may contain provisions of a savings and transitional nature consequent on the enactment of the following Acts--this ActNative Title (New South Wales) Act 1994Land Acquisition (Just Terms Compensation) Amendment Act 2009any Act that amends this Act
(2) Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later date.
(3) To the extent to which any such provision takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as--(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done before the date of its publication.
(1) Unless this Act otherwise expressly provides, this Act does not apply to any acquisition by an authority of the State if the acquisition was effected before the commencement of this Act.
(2) The Public Works Act 1912 and other Acts amended by this Act continue to apply to any such acquisition as if this Act had not been enacted.
(3) However, if the acquisition is notified under the Public Works Act 1912 within 30 days after the commencement of this Act, the notification is taken to be an acquisition notice under this Act and the provisions of this Act relating to any such notice then apply (to the exclusion of the Public Works Act 1912 or any other Act).
(4) In this clause, a reference to the commencement of this Act is (if different provisions of this Act commence on different days) a reference to the commencement of section 19.
(1) Compensation and any interest on compensation that is or becomes payable under the Public Works Act 1912 by an authority of the State and that is unpaid may be paid by the authority into the trust account kept by the authority under section 51 of this Act.
(2) That section then applies to any such amount paid into a trust account but does not affect any entitlement that a person has to be paid compensation or interest under the Public Works Act 1912 .
(1) In this clause, the
"2009 amending Act" means the Land Acquisition (Just Terms Compensation) Amendment Act 2009 .
(2) Section 7 of this Act (as substituted by the 2009 amending Act) extends to an acquisition of land by compulsory process before the commencement of the 2009 amending Act (including a proposed acquisition commenced but not completed before the commencement of the 2009 amending Act).
(3) Subclause (2) does not affect any determination made by a court before the commencement of the 2009 amending Act in relation to a purported acquisition of land that has been the subject of proceedings before the court.
(4) Despite anything to the contrary in this clause, any acquisition or proposed acquisition of native title rights and interests at any time after the enactment of section 7A of this Act and before the commencement of the 2009 amending Act that would not have been a valid acquisition if the 2009 amending Act had been in force at that time does not operate to extinguish or otherwise affect those native title rights and interests.
Before approval is given to the acquisition of land by a council for the purposes of resale without the owner's approval because of an acquisition at the same time of other land vested in the council as referred to section 188 (2) (a) of the Local Government Act 1993 , the council must provide a written explanation to the Minister administering that Act as to the purpose (not being the purpose of resale) for which the other land vested in the council is being wholly or partly compulsorily acquired.
In this Part--
"amending Act" means the
Land Acquisition (Just Terms Compensation) Amendment Act 2016 .
Section 10A (as inserted by the amending Act) applies to any proposed acquisition by compulsory process made after the commencement of that section. Any period of negotiation that occurred before that commencement may be taken into account for the purposes of that section.
Section 27A (as inserted by the amending Act) applies to any decision made by an authority of the State after the commencement of that section.
Section 56 (3) (as inserted by the amending Act) applies to compensation for an acquisition by compulsory process made after the commencement of that subsection.
Section 71A (as inserted by the amending Act) applies to any land acquired by compulsory process under this Act after the commencement of that section.