Page 4713 - Week 12 - Thursday, 1 November 2018
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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 à prendre.
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