PROPERTY FOR PUBLIC PURPOSES Short title and divisions. Definition See No. 26, 1900 (N.S. W.) s. 94. No. 1109 (Vict.) s. 3. 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 it enacted by the King's Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows: PART I.-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 I. Preliminary, ss. 1, 2. Part II.-Mode of Acquisition of Land. Division 1.-Acquisition by Purchase, ss. 3-5. Part III.-Compensation. Division 1.-Claim for Compensation, ss. 13, 14. Division 3.-Payment of Compensation, ss. 20-29. Division 1.-Mortgages, ss. 30-36. Division 2.-Charges, ss. 37-40. Part V.-Acquisition of Property from a State, ss. 45-48. 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; "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; "Public purpose means any purpose in respect of which the Parliament has power to make laws. "The Minister" means the Minister for Home Affairs. PART II. MODE OF ACQUISITION OF LAND. Division 1.-Acquisition by Purchase. any 8 & 9 Vict. c. 18 s. 6. 3. The Governor-General may agree with the owners of any Power to land which is required for any public purpose, and with purchase. State where such land is Crown land of the State, for the absolute purchase by the Commonwealth for a consideration in money or its equivalent of such land, or for the exchange such land for any land of the Commonwealth. No. 26, 1900 of (N.S.W.) s. 44. 4. (1.) All parties seised or possessed of or entitled to any such land or any estate or interest therein, and particularly any of the following parties so seised, possessed, or entitled, that is to say (a) all corporations; (b) 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 8 (h) all parties for the time being entitled to the receipt of the subject to any estate in dower, or to any lease for life, or (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 No. 1109 (Vict.) 8. 5. Governor of 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 trusts 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 herein before enabled to sell and convey land. 5. In the case of any Crown land of any State purchased under State may grant this Act, the Governor of the State may grant such land in the name Commonwealth. of the King to the Commonwealth. Crown land 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. Effect of Crown land. Ib. (N.S.W.) 8. 38. Division 2.-Compulsory Acquisition. 6.-(1.) The Governor-General may direct that any land required for any public purpose 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 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. Compensation for private lands Act. 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. 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. 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. land. (2.) In such case no compensation shall be allowed or awarded (N.S.W.) s. 117. unless (a) the surface of the overlying soil is disturbed; or (b) the support to such surface is destroyed or injuriously (c) any mine, underground working, spring, reservoir, dam, or 11.-(1.) Upon the publication of such notice as aforesaid, the estate and interest of every person entitled to any land so acquired, and whether to the legal or the equitable estate therein, and the title 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 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 (c) the Minister certifies in writing under his hand that the if either House of the Parliament within thirty days after a copy of (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. Notice to owners. Cf. 8 & 9 Vict, c. 18, s. 19. 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. 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. 8. 10. Notice of claim for compensation. See No. 26, 1900 (N.S. W.) s. 95. Claim and report thereon. Ib. (N.S.W.)s. 96. (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 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 prima 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. |