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PROPERTY FOR PUBLIC PURPOSES

ACQUISITION

No. 13 of 1901.

An Act to provide for the Acquisition of Property

for Public Purposes, for dealing with Property so acquired, and for other purposes connected therewith.

[Assented to 12th December, 1901.] BE E it enacted by the King's Most Excellent Majesty, the Senate,

and the House of Representatives of the Commonwealth of Australia, as follows:

Short title and divisions.

PART 1.-PRELIMINARY.
1. This Act may be cited as the Property for Public Purposes
Acquisition Act 1901, and is divided into Parts and Divisions, as
follows :-

Part 1.- Preliminary, ss. 1, 2.
Part II.—Mode of Acquisition of Land.

Division 1.- Acquisition by Purchase, ss. 3-5.

Division 2.-Compulsory Acquisition, ss. 6–12.
Part III.—Compensation.

Division 1.-Claim for Compensation, ss. 13, 14.
Division 2.-Determination of Amount of Compensation,

ss. 15-19.
Division 3.—Payment of Compensation, ss. 20–29.
Part IV.–Mortgages, Charges, and Leases-

Division 1.-Mortgages, ss. 30–36.
Division 2.—Charges, ss. 37-40.

Division 3.—Leases, ss. 41-44.
Part V.-Acquisition of Property from a State, ss. 45-48.

Part VI.-Miscellaneous, ss. 49-63.
2. In this Act, unless the contrary intention appears-
“ Compensation ” includes compensation for or in respect of

any land acquired under this Act, or for any estate or
interest therein, and also for any damages caused by
such acquisition, or for any work or other matter done

under the authority of this Act ;
“ Convey” means convey, transfer, or release ;

Definition
See No. 26, 1900
(N.S.W.) s. 94.
No. 1109 (Vict.)
S. 3

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“Crown land” means land the property of the Crown, whether

dedicated to any public purpose or not, which has not been
granted or contracted to be granted for an estate in fee

simple ;
“ Lease” includes an agreement for a lease ;
“ Owner" includes, with respect to land, any person who

under this Act is enabled to sell or convey land ;
“ Pablic purpose

means any purpose in respect of which
the Parliament has power to make laws.
“ The Minister" means the Minister for Home Affairs.

8 & 9 Vict. c. 18 8. 6.

(N.S. W.) s. 44. No. 1109 (Vict.) S. 5.

No. 26, 1900
(N.S. W.) ss. 45,
46.
No. 1109 (Vict.)
S. 6.

Part II.—MODE OF ACQUISITION OF LAND.

Division 1.- Acquisition by Purchase. 3. The Governor-General may agree with the owners of any Power to land which is required for any public purpose, and with

any

purchase. State where suchland is Crown land of the State, for the absolute purchase by the Commonwealth for a consideration in No. 26, 1900 money or its equivalent of such land, or for the exchange of such land for any land of the Commonwealth,

4.-(1.) All parties seised or possessed of or entitled to any Parties under such land or any estate or interest therein, and particularly any entitled to sell. of the following parties so seised, possessed, or entitled, that is to s Vict. c. 18 & 7. say—

(a) all corporations ;
(6) all tenants in tail or for life ;
(c) all married women seised in their own right or entitled

to dower ;
(d) all guardians ;
(e) all committees of lunatics and idiots ;
(f) all trustees or feoffees in trust for charitable or other

purposes ;
(9) all executors and administrators ;
(k) all parties for the time being entitled to the receipt of the

rents and profits of any such land in possession or
subject to any estate in dower, or to any lease for life, or

for lives and years or for years, or any less interest,
may sell and convey the same to the Commonwealth for the purposes
of this Act, and enter into all necessary agreements for that purpose.

(2.) The power so to sell and convey may be exercised by all such parties, other than married women entitled to dower or lessees for life or for lives and years or for years or for any less interest, not only on behalf of themselves and their heirs, executors, administrators, and successors, but also on behalf of every person entitled in reversion remainder or expectancy after them, or in defeasance of the estates of such parties; and as to such married women whether they be of full age or not as if they were sole and of full age, and as to such guardians on behalf of their wards, and as to such committees on behalf of such lunatics or idiots, and that to the same extent as such married women, wards, lunatics, or idiots could have exercised the same powers under this Act if they had been under no

disability, and as to such trustees, executors, or administrators on behalf of their cestuique trusts, whether infants, issue unborn, lunatics, femes covert, or other persons, and that to the same extent as such cestuique trasts could have exercised the same powers under this Act if they had been under no disability.

(3.) The power hereinafter given to release land from any rentcharge or encumbrance, and to agree for the apportionment of any such rent-charge or encumbrance, shall extend to and may lawfully be exercised by every party hereinbefore enabled to sell and convey land.

5. In the case of any Crown land of any State purchased under State max. Frant this Act, the Governor of the State may grant such land in the name Commonwealth. of the King to the Commonwealth.

Governor of

to

Governor-
General may
issue
notification.
See No. 26, 1900
(N.S.W.) s. 34.

Effect of
notification on
land therein
mentioned.
Ib. (N.S.W.)
8. 37.

Dicision 2.--Compulsory Acquisition. 6.-(1.) The Governor-General may direct that any land required for any public parpose may be acquired under this Act from any State or person.

(2.) The Governor-General may thereupon, by notification published in the Gazette and in a newspaper published or circulated in the State or part of the Commonwealth wherein the land is situated, declare that the land has been acquired under this Act for the public purpose therein expressed.

(3.) A copy of the notification shall be laid before both Houses of the Parliament within fourteen days after its publication in the Gazette if the Parliament be then sitting, and if not, then within fourteen days after the next meeting of the Parliament.

7. Upon the publication of such notification in the Gazette, the land described in such notification shall by force of this Act be vested in the Commonwealth, freed and discharged from all trusts, obligations, estates, interests, contracts, charges, rates, rights-of-way, or other easements whatsoever, and to the intent that the legal estate therein, together with all powers incident thereto, or conferred by this Act, shall be vested in the Commonwealth. 8. Where any land so

so acquired is, at the date of such publication, notification upon Crown land of any State, or is, by virtue of any law of a State, vested

in any person on behalf of the Crown or for any public purpose, the effect of such publication shall be to withdraw the land (to the extent taken) from any lease or licence, or promise thereof, and to cancel, to the like extent, any dedication or reservation of the land made under the authority of any State Act, or to divest the estate of such

person, and to vest the said land to the extent aforesaid in the Commonwealth.

9.-(1.) Where any land so acquired is not Crown land, or where taken under this any estate or interest in such land has been granted or contracted to

be granted by the Crown to any person, the owner of such land, estate, or interest shall be entitled to receive such sum of money by way of compensation as is agreed upon or otherwise ascertained under the provisions hereinafter contained.

Effect of

Crown land.
Ib. (N.S.W.)
S. 38.

Compensation

Act. Ib. (N.S.W.) 8. 94.

(2.) Where any land so acquired is Crown land of any State, the State shall, subject to the Constitution, be entitled to receive such compensation as is agreed upon or otherwise ascertained under the provisions hereinafter contained.

See No. 26, 1900

into a claim.
See Ib. (N.S. W.)

10.--(1.) For the purpose of constructing any underground work, Acquisition of land under the surface may be acquired under this Act without underground acquiring the surface.

(2.) In such case no compensation shall be allowed or awarded (N.S. W.) 117. unless

(a) the surface of the overlying soil is disturbed ; or
(b) the support to such surface is destroyed or injuriously

affected by the construction of the work ; or
(c) any mine, anderground working, spring, reservoir, dam, or

well in or adjacent to such land is thereby injuriously

affected. 11.4(1.) Upon the publication of such notice as aforesaid, the Conversion of estate and interest of every person entitled to any land so acquired, proprietor or and whether to the legal or the equitable estate therein, and the title title of State of the State to any Crown land of a State so acquired shall be taken to have been converted into a claim for compensation in pursuance of 6. 94. the provisions hereinafter contained.

(2.) Every person or State shall, upon asserting a claim as hereinafter provided and making out a title in respect of any land so acquired, be entitled to compensation in manner hereinafter provided.

12.-(1.) Where land has been acquired under this Act by Notification to notification in the Gazette, except where(a) the Parliament has appropriated a sum of money out of

the Consolidated Revenue Fund for or towards the

purpose in respect of which the land was acquired; or
(6) the Governor-General has sanctioned the construction or

carrying out of the work or undertaking in respect of
which the land was acquired, and public funds are

legally available for that purpose ; or
(c) the Minister certifies in writing under his hand that the

estimated value of the land does not exceed One hundred

pounds, if either House of the Parliament within thirty days after a copy of the notification has been laid before it, passes a resolution declaring the notification to be void, the notification shall be deemed to be void and of no effect, and the land shall be deemed not to have been vested in the Commonwealth, and the owners of the land shall be entitled to compensation for any damage which they may have suffered by reason of the notification, or of the exercise of the powers of the Minister consequent thereupon.

(2.) Every person or State claiming compensation under this section shall within one hundred and twenty days from the passing of such resolution, or within such further time as a Justice of the High Court upon the application and at the cost of the claimant may

be void in certain cases.

either before or after the expiration of such one hundred and twenty days appoint in that behalf, serve upon the Minister and upon the Attorney-General a notice in writing similar to the notice mentioned in section thirteen, and the like proceedings shall thereupon be taken as in the case of compensation claimed under Part III. of this Act.

PART III.-COMPENSATION.

Notice to
Owners.
(1. 8 & 9 Vict,
c. 18, s. 19.

s10

Notice of claim
for compensa
tion.
See No. 26, 1900
(N.S. W.) s. 95.

Division 1.Claim for Compensation. 13.—(1.) Immediately after the publication in the Gazette of a notification that any land has been acquired under this Act, the

Minister shall cause a copy of the notification, together with a plan No. 1109 (Vict.) of the land, to be served upon the owners of the land resident within

the Commonwealth, or such of them as can with reasonable diligence be ascertained, either personally or by registered letter posted to their last-known place of abode.

(2.) If any owner is absent from the Commonwealth, or cannot, after diligent inquiry, be found, or if service by registered letter cannot be effected, a copy of the notification, together with a plan of the land, shall be left with the occupier of the land, or, if there is no occupier, shall be affixed upon some conspicuous part of the land.

(3.) Every person or State claiming compensation in respect of any land so acquired, or work or other matter done under the authority of this Act, shall within one hundred and twenty days from the publication of such notification, or within such further time as a Justice of the High Court upon the application and at the cost of the claimant may either before or after the expiration of such one hundred and twenty days appoint in that behalf, serve a notice in writing upon the Minister, and a like notice upon the AttorneyGeneral, which notice shall set forth the nature of the estate, interest, or title of the claimant in such land, together with an abstract of title, and if the claimant claims in respect of damage the nature of the damage which the claimant has sustained or will sustain by reason of such acquisition or work or matter, together with full particulars of such damage, and such notice shall be in such form as may be prescribed.

14. Within sixty days after the receipt of every such notice of

claim by the Attorney-General he shall forward the same, together Ib. (N.S.W.)s. 96.

with his report thereon, to the Minister, who shall thereupon-
(1) If no primâ facie case for compensation has been disclosed

notify the claimant that his right to any compensation is

disputed. (2) If a primâ facie case for compensation has been disclosed,

cause a valuation of the land or of the estate or interest of the claimant therein, and, if the claimant claims in respect of damage, of the amount of such damage, to be made in accordance with the provisions of this Act, and shall inform the claimant as soon as practicable of the amount of such valuation by notice in such form as may be prescribed.

Claim and report thereon.

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