Commonwealth Numbered Regulations - Explanatory Statements

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LANDS ACQUISITION REGULATIONS (AMENDMENT) 1994 NO. 389

EXPLANATORY STATEMENT

Statutory Rules 1994 No. 389

Issued by the authority of the Minister for Administrative Services

Lands Acquisition Act 1989

Lands Acquisition Regulations (Amendment)

Section 140 of the Lands Acquisition Act 1989 (the 1989 Act) provides that the GovernorGeneral may make regulations for the purposes of the Act.

Section 6 of the Act defines "Commonwealth Authority" for the purposes of the Act.

Schedule 1 to the Lands Acquisition Regulations (the Regulations) lists those authorities which have been exempted from the provisions of the Act.

The Pipeline Authority was exempt from the provisions of the Lands Acquisition Act 1955 (the 1955 Act). It was intended to preserve exemptions under the 1955 Act when the 1989 Act was proclaimed. Unfortunately, the exemption in place for the Pipeline Authority was inadvertently not preserved.

The Pipeline Authority wished to regain the degree of operational flexibility that accompanied the exemption under the 1955 Act and had an exemption declared under the 1989 Act. The exemption enables the Pipeline Authority to conduct commercial property transactions under the provisions of the Pipeline Authority Act 1973, while retaining its access to the compulsory acquisition provisions of the Lands Acquisition Act 1989.


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