Victorian Current Acts

LAND ACQUISITION AND COMPENSATION ACT 1986

TABLE OF PROVISIONS

   PART 1--PRELIMINARY

   1.      Purpose  
   2.      Commencement  
   3.      Definitions  

   PART 2--ACQUISITION OF INTERESTS IN LAND

           Division 1--General

   4.      Authority to acquire or purchase in accordance with Part  

           Division 2--Reservation of land

   5.      Reservation or certification of land required before acquisition  

           Division 3--Notice of intention to acquire

   6.      Notice of intention to acquire  
   7.      Cases where notice of intention to acquire not required  
   8.      Form of notice  
   9.      Copy of notice to be served on particular authorities  
   10.     Notice to Registrar of Titles  
   11.     Effect of notice  
   12.     Restrictions on dealings with land  
   13.     Sale of interest in land voidable if notice not given  
   14.     Amendment of notice  
   15.     Cancellation of notice  
   16.     Lapse of notice  
   17.     Extension of operation of notice by agreement  
   18.     Acquisition by agreement  

           Division 4--Acquisition of interests in land

   19.     Notice of acquisition  
   20.     Time limits  
   21.     Form of notice  
   22.     Service of notice on persons interested in land  
   23.     Publication of notice in newspaper  
   24.     Effect of notice of acquisition  
   25.     New interests  

           Division 5--Entry into possession

   26.     Entry into possession  
   27.     Recovery of rent  
   28.     Proceedings where refusal to deliver possession  
   29.     Residential Tenancies Act 1997 not to apply  

   PART 3--COMPENSATION FOR ACQUISITION

   30.     Right to compensation on acquisition  
   31.     Initial offer of compensation  
   32.     Offer to pay total amount of compensation  
   33.     Response by claimant  
   34.     Form of notice of acceptance  
   35.     Form of notice of claim  
   36.     Authority's reply to claim  
   37.     Claim for compensation where no offer made  
   38.     No compensation for gold, minerals or pastoral licences  
   39.     Apportionment of rent when part only of land leased is acquired  

   PART 4--MEASURE OF COMPENSATION

   40.     Definitions  
   41.     General principles on which compensation is to be based  
   42.     Reinstatement in particular circumstances  
   43.     Matters affecting compensation  
   44.     Solatium  
   45.     Loans to dispossessed home owners  

   PART 5--COMPENSATION WHERE NO INTEREST IN LAND IS ACQUIRED

   46.     Compensation for abandoned acquisition  
   47.     Compensation for entry or temporary occupation  
   48.     Form of claim  

   PART 6--PAYMENT OF COMPENSATION AND INTEREST ON COMPENSATION

   49.     Compensation to be paid to persons entitled or empowered to sell and convey  
   50.     Claimants to produce title  
   51.     Advances of compensation  
   52.     Determination of rate of interest  
   53.     Interest on compensation for acquisition  
   54.     Interest on compensation where no land taken  
   55.     Penalty interest  
   56.     Interest in respect of expenses  
   57.     Interest where claimant seeks extension of time  
   58.     Compensation may in certain cases be paid to the Treasurer  
   59.     Payment out of Trust Fund at direction of Authority  
   60.     Investment of money deposited in Trust Fund  
   61.     Court or judge may dispose of money paid to Trust Fund  
   62.     Costs of application  
   63.     Expenses of conveyance to be borne by Authority  
   64.     Taxation of expenses of conveyance  

   PART 7--PERSONS WITH LIMITED POWERS TO DEAL WITH LAND

   65.     Restrictions in other laws not to apply  
   66.     Application of compensation  
   67.     Power to agent to negotiate in certain cases  

   PART 8--MORTGAGES OVER ACQUIRED LAND

   68.     Power to redeem mortgages  
   69.     Deposit of mortgage money on refusal to accept  
   70.     Sum to be paid when mortgage exceeds value of land  
   71.     Deposit of money when refused on tender under section 70  
   72.     Sum to be paid where part only of mortgaged land taken  
   73.     Deposit of money when refused on tender under section 72  

   PART 9--POWERS OF ENTRY AND TEMPORARY OCCUPATION

   74.     Powers of entry  
   75.     Temporary occupation  
   76.     Obligations in relation to the occupation of land  
   77.     Liability of Authority for nuisance  
   78.     Obstruction an offence  
   79.     Authority to fence lands before using them  

   PART 10--DETERMINATION OF DISPUTES

           Division 1--Application to the Tribunal or the Court

   80.     Application or referral of disputed claim  
   81.     Jurisdiction  
   82.     Form of notice of referral  
   83.     Service of notice of referral on other parties  
   84.     Adjournment or withdrawal application  
   84A.    Discretionary transfer of proceeding  

           Division 2--Compulsory conference in the Court

   85.     Compulsory conference  
   86.     Objects of compulsory conference  
   87.     Parties may vary offer or claim  
   88.     Settlement  

           Division 3--Determinations

   89.     Determination of claim  
   90.     Principles to be applied in determining compensation  
   91.     Costs  
   94.     Payment of compensation  

           Division 4--General

   95.     Power to inspect land  
   96.     Tribunal or Court to nominate valuer  
   97.     Valuer to make declaration  
   98.     Consequence of striking out a claim  

   PART 11--MISCELLANEOUS

   103.    Power to inspect documents  
   104.    Service  
   105.    Minor misdescription not to invalidate documents  
   106.    Extension or abridgement of time  
   107.    Time not to expire until notice given  
   108.    Payments to be good discharge  
   109.    Authority may dispose of acquired land  
   109A.   Supreme Court—Limitation of jurisdiction  
   110.    Regulations  
   111.     Transitional provisions—Justice Legislation Amendment (Court Security, Juries and Other Matters) Act 2017  
           ENDNOTES