New South Wales Consolidated Acts
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ABORIGINAL LAND RIGHTS ACT 1983 - SECT 39
Acquisition of land
39 Acquisition of land
(1) The Minister may, for the purposes of this Act, acquire land (including an
interest in land) by agreement or by compulsory process in accordance with the
Land Acquisition (Just Terms Compensation) Act 1991 .
(2) The Minister may
do so only if the Minister is of the opinion that there are exceptional
circumstances which warrant the acquisition of land for the purpose of
satisfying the objectives of this Act.
(3) If so required by the Minister,
the New South Wales Aboriginal Land Council or the
Local Aboriginal Land Council is to make provision to the satisfaction of the
Minister for the payment of the purchase price or of compensation for
compulsory acquisition (together with all necessary charges and expenses
incidental to the acquisition).
(4) The Minister may transfer land acquired
under this section to an Aboriginal Land Council or other organisation or body
established for the benefit of Aboriginal persons.
(5) For the purposes of
the Public Works Act 1912 , an acquisition of land under this section is taken
to be for an authorised work and the Minister is, in relation to that
authorised work, taken to be the Constructing Authority.
(6) Part 3 of the
Public Works Act 1912 does not apply in respect of works constructed under
this Act.
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