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Legislative Assembly for the ACT: 2018 Week 12 Hansard (1 November) . . Page.. 4713 ..


4

Proposed new clause 6A

Page 3, line 20—

insert

6A Meaning of land acquisition

(1) In this Act:

land acquisition—

(a) means an acquisition of land by a government agency; and

(b) includes—

(i) an acquisition under the Lands Acquisition Act 1994; or

(ii) a surrender of a Crown lease, or part of the land comprised in a Crown lease, under the Planning and Development Act 2007, section 299, whether or not the acquiring government agency agreed to accept the surrender; or

(iii) the wit hdrawal of land from a Crown lease under the terms of the lease; or

(iv) a termination of a Crown lease under the Planning and Development Act 2007, section 382; or

(v) any other acquisition of land by a government agency required under a territory law; or

(vi) an acquisition prescribed by regulation.

(2) However, land acquisition does not include—

(a) an acquisition of land by a government agency from another government agency; or

(b) an acquisition prescribed by regulation.

Example—par (a)

as a result of a change to the functions of an administrative unit made under the Public Sector Management Act 1994, s 14

(3) In this section:

declared land sublease—see the Planning and Development Act 2007, section 312C.

land

(a) means the legal or equitable estate in land in the ACT or elsewhere; and

(b) includes—

(i) unleased territory land; and

(ii) anything prescribed by regulation; but

(b) unless otherwise stated by regulation, does not include—

(i) a sublease of a Crown lease other than a declared land sublease; or

(ii) any other tenancy or occupancy right; or

(iii) an easement or any other incorporeal right.

Note An incorporeal right is an intangible right attached to land, and in addition to easements, includes rents, tithes and profit prendre.


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