Victorian Repealed Acts

This legislation has been repealed.

Archaeological and Aboriginal Relics Preservation Act 1972 - SECT 18

Compulsory acquisition

18. Compulsory acquisition



(1) Notwithstanding anything to the contrary in this Act the Minister may
compulsorily acquire any land other than land established as an Aboriginal
reserve and on which Aborigines are living when he is informed by the
Advisory Committee that there is a unique and irreplaceable relic on, in or
under the land which is in danger of loss or damage, has notified the owner of
the land in writing that he has been so informed, and has allowed time for an
appeal to be lodged with the Appeals Committee as hereafter in this section
provided or, if an appeal has been lodged, has considered the report of the
Appeals Committee on the appeal.

(2) The owner of any land who receives notice from the Minister under
sub-section (1) may within fourteen days after receiving the notice appeal in
writing to the Appeals Committee appointed for the purposes of this section on
one or both of the following grounds-

   (a)  that the relic is not so unique and irreplaceable that it is necessary
        compulsorily to acquire the land;

   (b)  that having regard to the nature of the land or any purpose for which
        it is used the land should not compulsorily be acquired.

(3) The Appeals Committee shall consist of-

   (a)  a magistrate nominated by the Minister who shall be Chairman;



   (b)  the Secretary; and





   (c)  a person experienced in land conservation nominated by the Minister.

(4) Any appeal under this section shall be sent to or lodged with the
secretary to the Advisory Committee who shall act as secretary to the Appeals
Committee.

(5) The Appeals Committee-

   (a)  may regulate its own proceedings in the hearing of an appeal; and

   (b)  shall report its findings to the Minister.

(6) The Land Acquisition and Compensation Act 1986 applies to the acquisition
of land by the Minister under this section and for that purpose-

   (a)  the Archaeological and Aboriginal Relics Preservation Act 1972 is the
        special Act; and

   (b)  the Minister is the Authority.

(7) A person shall not be entitled to compensation under the
Land Acquisition and Compensation Act 1986 or this Act for the value of an
archaeological relic on or under the surface of land acquired under this
section.