The land AcquisitIon Act. (2)  The Commonwealth may pay compensation under this Part on the basis that the claimant was not, at the time of the acquisition to which the claim relates, entitled to the interest the subject of the claim and, where compensation is paid in respect of an interest that is inconsistent with the interest the subject of the claim, no compensation is payable in respect of that last‑mentioned interest. (ii)  a period of at least 30 days has elapsed since the Tribunal made its decision and no appeal to the Federal Court in respect of that decision is pending. 38  Registration of authorising documents. THE LAND ACQUISITION ACT, 1894 ARRANGEMENT OF SECTIONS _____ PART I PRELIMINARY SECTIONS: 1. An Act to amend the . (b)  the interest is some other interest in land that, if the declaration interest were acquired by compulsory process, would be in whole or in part divested, extinguished or diminished because of paragraph 41(4)(b). Short title. Contents . (4)  The Minister must not fix a date for the purpose of subsection (3) that is earlier than: (a)  the last day on which a notice could be given under subsection 42(1) of the Legislation Act 2003 in relation to the regulations; or. (4)  Subject to subsection (5), if the Minister does not, within the period of 28 days after receiving the application, make a decision confirming, revoking or varying the declaration, the Minister shall be regarded as having confirmed the declaration on the last day of the period. means a purpose in respect of which the Parliament has power to make laws and includes, in relation to land in a Territory, any purpose in relation to the Territory. Acquisition Act 1894. An Act about the acquisition of land. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law. THE LAND ACQUISITION ACT. (b)  the claimant has not made an application to the Administrative Appeals Tribunal under section 99 in respect of the rejection of the claim; the claimant may bring an action in the Federal Court against the Commonwealth claiming a declaration that the claimant is entitled to compensation in respect of the loss to which the claim relates. (b)  that is not declared by the regulations to be an exempt authority. To continue land acquisition process under these three State Land Acquisition Acts, the State Government have amended the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Tamil Nadu Amendment) Act, 2015 (Act No.1 of 2015) by inserting section 105A, which places these three State Land Acquisition Acts in a newly created Fifth Schedule, … For more information on any modifications, see the series page on the Legislation Register for the compiled law. What is Collector's statement to (a)  an interest in land (in this section called the old land) is acquired from a person by compulsory process; (b)  immediately before the acquisition, the person was using the old land, or intended to use the old land, for a purpose other than the carrying on of a business; (c)  but for the acquisition, the land would have been, or would have continued to be, used for that purpose; (d)  at the time of the acquisition, there was no general demand or market for land used for that purpose; and. (3)  If a provision referred to in section 62 of the Norfolk Island Act 1979 is in operation, this Act does not apply to anything dealt with by the provision. Provisions under (a)  an acquiring authority owns an interest in land, being an easement; and. 2. 2. 2 Definitions The dictionary in schedule 2 defines particular words used in this Act. (b)  immediately before the acquisition, rates, taxes or other similar charges in respect of the land or interest were due and payable. Objections". 125  Minister to approve acquisition, disposal etc. (2)  The making of a pre‑acquisition declaration is not required if a certificate has been given under section 24. (1)  The Minister may, by written notice require a person from whom an interest in land, other than a mortgage interest, has been acquired by compulsory process, to provide the Minister with the following particulars: (a)  whether the interest was, immediately before the acquisition, subject to any mortgages; (b)  in relation to each mortgage (if any) to which the interest was, immediately before its acquisition, subject: (i)  the name and address of the mortgagee; (ii)  the amount of principal secured by the mortgage at the time of the acquisition of the interest; and. 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 … (ii)  any other person whom the Minister has reason to believe to be a person affected (within the meaning of subsection 41(6)) by the declaration as varied. Power of President to acquire lands. There are currently no known outstanding effects for the Acquisition of Land Act 1981, Section 8. (4)  Where a claim is withdrawn, this Act has effect as if the claim had never been made. (5)  The person who made the application may, by writing and before the end of the period referred to in subsection (4), agree to an extension of that period. 50  Correction of compulsory acquisition declarations. (1)  A person who has, under Division 4, accepted an offer of compensation is not entitled, in respect of the acquisition to which the offer relates: (a)  to accept another offer of compensation; (b)  to enter into an agreement under section 80; (c)  to make an application under section 81; or. (1)  Where a person has made a claim for compensation, or the Minister has made an offer of compensation to a person under subsection 74A(1), the person or the Commonwealth may, subject to subsection (2), institute proceedings in the Federal Court for a determination of the amount of compensation to which the person is entitled. (f)  whether there is some other means of accommodating the relevant acquiring authority’s needs; (g)  matters contained in a statement given to the applicant under section 28 of the Administrative Appeals Tribunal Act 1975 or lodged with the Tribunal under section 37 or 38 of that Act; (h)  practicable methods of avoiding or mitigating any injurious factors; (j)  any other matter that the Tribunal determines, on the application of the Minister or the applicant, to be relevant to the review. The Secretary, and the Secretary of Agriculture with respect to the National Forest System, shall establish and implement a program to conserve fish, wildlife, and plants, including those which are listed as endangered species or threatened species pursuant to section 4 of this Act. (d)  alter the position of any line (within the meaning of the Telecommunications Act 1997); unless the authorised person has given reasonable notice, in writing, of his or her intention to do so to the authority responsible for the road, main, pipe, cable, wire or line. under this Act. means land that, under a law of a State or Territory, is dedicated or reserved, or is vested in trustees, as a public park or national park or otherwise for the purposes of public recreation. Section 26 of the Act that deals with compensation for the land owners. 76  Minister to reconsider offer of compensation and to make final offer. (7)  For the purposes of this Act, a person shall be taken to be affected by the certificate if, and only if: (a)  the person is an owner of the interest in land to which the certificate relates (in this subsection called the certificate interest); or. 7—Application (1) This Act applies to and in relation to every acquisition of land authorised by a special Act. 77  Person may accept or reject Minister’s final offer of compensation. (1)  Where an application has been made to the Administrative Appeals Tribunal for review of a pre‑acquisition declaration, the Tribunal shall make a decision in writing recommending to the Minister that the declaration be confirmed, be revoked or be varied as specified in the decision. Legislation history and amendment history—Endnotes 3 and 4. (3)  The amount of compensation payable to the person under this Part is the amount that the Court determines. Full details of any changes can be obtained from the Office of Parliamentary Counsel. Section 4 (9)  Nothing in this section shall be read as authorising the making of regulations extending to land vested in an Aboriginal Land Trust. 74  Consequences of not seeking review of decision to reject claim. 58:01 5 CHAPTER 58:01 LAND ACQUISITION ACT An Act to govern the acquisition of land for public purposes. (3)  A copy of the declaration shall be published in the Gazette and, if practicable, in a newspaper circulating in the district in which the land is situated. Person may accept or reject Minister’s offer of compensation.......... 76.......... Minister to reconsider offer of compensation and to make final offer. THE LAND ACQUISITION ACT, 1894. (4)  The Minister may, by writing and before the end of the period within which the person would otherwise be required to make an application, agree to an extension of that period. 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