Commonwealth Consolidated Acts

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Acquisition of certain land etc.

             (1)  The Minister may, from time to time, recommend to the Governor-General that any interest in land vested or to be vested in the Territory by subsection 69(2) (including an interest less than, or subsidiary to, such an interest) be acquired from the Territory by the Commonwealth under this section.

             (2)  The Governor-General may, on the recommendation of the Minister under subsection (1), authorize the acquisition of the interest for a public purpose approved by the Governor-General.

             (3)  The Minister may cause to be published in the Gazette notice of the authorization by the Governor-General and, in the notice, declare that the interest is acquired under this section for the public purpose approved by the Governor-General.

             (4)  Upon publication of the notice in the Gazette or immediately after the commencement of section 69, whichever is the later, the interest to which the notice relates is, by force of this section:

                     (a)  vested in the Commonwealth; and

                     (b)  freed and discharged from any restriction, dedication or reservation made by or under any enactment (not being an interest to which subsection (6) applies);

to the intent that the legal estate in the interest, and all rights and powers incident to that estate or conferred by the Lands Acquisition Act 1989 in relation to that estate, are vested in the Commonwealth.

             (5)  An interest that may be acquired under this section may be an interest that did not previously exist as such.

             (6)  Upon the acquisition of an interest by the Commonwealth under this section, all interests that were held from the Territory immediately before the acquisition, being interests derived from the first-mentioned interest, are, by force of this section, held from the Commonwealth on the same terms and conditions as those on which they were held from the Territory.

             (7)  The Secretary of the Department shall lodge with the registrar of titles of the Territory a copy of a notice published under this section, certified by writing signed by the Secretary.

             (8)  Upon the lodgment of a copy of a notice in accordance with subsection (7), the registrar of titles shall register the acquisition to which the notice relates in the manner as nearly as may be in which dealings with land are registered, and shall deal with and give effect to the copy of the notice as if it were a grant, conveyance, memorandum or instrument of transfer of the land or interest, as the case may be, to the Commonwealth duly executed under the laws in force in the Territory.

             (9)  The Commonwealth is not liable to pay to the Territory:

                     (a)  any compensation in respect of an acquisition made under this section; or

                     (b)  any duties, fees or other charges in respect of anything done under subsection (7) or (8).

           (10)  A notice shall not be published under this section after the expiration of one year after the commencing date.

           (11)  Where subsection (4) has effect in relation to an interest in land, that subsection has the like effect in relation to any interest vested in the Territory by subsection 69(4) in respect of minerals in or on that land.

           (12)  This section has effect despite anything contained in the Lands Acquisition Act 1989 .

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