Commonwealth Consolidated Acts

LANDS ACQUISITION (REPEAL ANDCONSEQUENTIAL PROVISIONS) ACT 1989 - SECT 9

(1)

An authority in force under section 16 of the 1955 Act immediately before the repeal of that Act continues in force as if it were an authority for the purpose of section 10 of the 1989 Act.

(2)

An authority in force under section 17 of the 1955 Act immediately before the repeal of that Act continues in force, in relation to the land to which the authority related, as if it were an authority for the purpose of sections 11 and 12 of the 1989 Act.

(3)

In relation to an act done under section 16, 17 or 18 of the 1955 Act, the 1989 Act (other than section 9) applies as if the act had been done under the equivalent provision of the 1989 Act.

(4)

For the purpose of subsection (3):

(a) section 10 of the 1989 Act is equivalent to section 16 of the 1955 Act;
(b) section 11 of the 1989 Act is equivalent to section 17 of the 1955 Act; and
(c) section 12 of the 1989 Act is equivalent to section 18 of the 1955 Act.

(5)

Where:

(a) an act was done under section 16, 17 or 18 of the 1955 Act; and
(b) before the repeal of the 1955 Act, compensation was paid to a person under that Act;

the following provisions have effect:

(c) sections 112 and 113 of the 1989 Act do not apply;
(d) if the amount of compensation payable under the 1989 Act exceeds the amount already paid, that Act has effect as if the amount paid were an advance under section 110 of that Act;
(e) if the amount of compensation payable under the 1989 Act is equal to, or less than, the amount already paid, the person is not entitled to any further payment of compensation.