Commonwealth Consolidated Acts

LANDS ACQUISITION (REPEAL ANDCONSEQUENTIAL PROVISIONS) ACT 1989 - SCHEDULE 2

Section 4

Aboriginal and Torres Strait Islanders (Queensland Reserves and Communities Self-management) Act 1978

After `any' insert `interest in'.

Subsections 15(2) and (3):

Omit the subsections, substitute the following subsection:

`(2) In this section, interest , in relation to land, has the same meaning as in the Lands Acquisition Act 1989 .'.

Aboriginal Land Grant (Jervis Bay Territory) Act 1986

Section 38:

Add at the end the following subsection:

`(6) The Lands Acquisition Act 1989 does not apply to the grant of a lease under this section.'.

Aboriginal Land (Lake Condah and Framlingham Forest) Act 1987

Section 11:

Omit `Part IV of the Lands Acquisition Act 1955 ', substitute `In spite of the repeal of the Lands Acquisition Act 1955 , Part IV of that Act'.

Section 12:

Omit `Sections 13, 55, 58, 59 and 62, of the Lands Acquisition Act 1955 ', substitute `In spite of the repeal of the Lands Acquisition Act 1955 , sections 13, 55, 58, 59 and 62 of that Act'.

Section 30:

Add at the end the following subsection:

(3)

Regulations made for the purposes of section 124 of the Lands Acquisition Act 1989 do not apply to the relevant land.'.

Aboriginal Land Rights (Northern Territory) Act 1976

Subsection 3(1) (paragraph (a) of the definition of Crown Land ):

Omit `the Lands Acquisition Act 1955 or under any other Act', substitute `an Act'.

Subsection 3(3):

Omit all the words from and including `reference to:' to the end of the subsection, substitute `reference to section 124 of the Lands Acquisition Act 1989 .'.

After section 3B:

Insert the following section:

This Act has effect despite anything contained in the Lands Acquisition Act 1989 .'.

Section 5:

Add at the end the following subsection:

`(3) The Lands Acquisition Act 1989 does not apply to the acquisition by a Land Trust, under this Act, of an estate or interest in land.'.

Paragraph 12(2)(c):

Omit `subsections 51(1A) and 53(2A) of the Lands Acquisition Act 1955 ', substitute `section 124 of the Lands Acquisition Act 1989 .'.

After subsection 12(2):

Insert the following subsection:

`(2AAA) Where a deed of grant executed before the commencement of the Lands Acquisition Act 1989 is expressed to be subject to a reservation that rights to explore for minerals, and leases or licences to mine for minerals, on or below the surface of the land may be granted under subsections 51(1A) and 53(2A) of the Lands Acquisition Act 1955 , that reservation has effect on and after the commencement of the Lands Acquisition Act 1989 as if it were a reservation to the effect that such rights, leases or licences may be granted in accordance with section 124 of the Lands Acquisition Act 1989 .'.

Airports (Business Concessions) Act 1959

Subsection 6(2):

Omit the subsection, substitute the following subsection:

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

Section 13:

Repeal the section, substitute the following section:

`13 Orders to obtain possession

In the application of section 132 of the Lands Acquisition Act 1989 in relation to land within an airport:

(a) the references in that section to the Minister shall be read as references to the Minister for the time being administering this Act; and
(b) the reference in that section to an authorised person shall be read as a reference to a person authorised for the purposes of that section by the Minister administering this Act.'.

Australian National Railways Commission Act 1983

Subsection 78B(1):

Omit ` Lands Acquisition Act 1955 ', substitute ` Lands Acquisition Act 1989 '.

Australian Trade Commission Act 1985

Section 23:

Add at the end the following subsection:

`(5) Sections 117 and 119 of the Lands Acquisition Act 1989 do not apply to the disposal of interests in land vested in the Australian Trade Commission.'.

Canberra Water Supply (Googong Dam) Act 1974

Subsection 13(6):

Omit the subsection, substitute the following subsection:

`(6) Part VIII of the Lands Acquisition Act 1989 applies in relation to the determination of compensation under this section as if anything done by the Authority under this Act had been done under Part III of the Lands Acquisition Act 1989 .'.

Christmas Island Act 1958

Subsection 21A(1):

Omit ` Lands Acquisition Act 1955 ', substitute ` Lands Acquisition Act 1989 '.

Civil Aviation Act 1988

Section 97:

Omit ` Lands Acquisition Act 1955 ', substitute ` Lands Acquisition Act 1989 '.

Commonwealth Places (Application of Laws) Act 1970

Paragraph 17(2)(a):

Omit `or function under section 64 of the Lands Acquisition Act 1955-1966 ', substitute `under section 139 of the Lands Acquisition Act 1989 '.

Defence Housing Authority Act 1987

Section 61:

Omit ` Lands Acquisition Act 1955 ', substitute ` Lands Acquisition Act 1989 '.

Federal Airports Corporation Act 1986

Section 36:

Omit ` Lands Acquisition Act 1955 ', substitute ` Lands Acquisition Act 1989 '.

High Court of Australia Act 1979

Subsection 17(4):

Omit the subsection, substitute the following subsection:

`(4) For the purposes of the Lands Acquisition Act 1989 , the Court shall be deemed to be an authority incorporated by a law of the Commonwealth.'.

Lighthouses Act 1911

Subsection 6A(3):

(a)

Omit ` Lands Acquisition Act 1955 ', substitute ` Lands Acquisition Act 1989 '.

(b)

After `acquisition of' (first occurring) insert `interests in'.

(c)

Omit `land' (last occurring), substitute `interests'.

National Gallery Act 1975

Subsection 11(14):

Omit the subsection, substitute the following subsection:

`(14) Parts VII and IX of the Lands Acquisition Act 1989 apply in relation to a right to compensation referred to in subsection (13) as if:

(a) that right were an entitlement to compensation under section 52 of that Act;
(b) a reference in those Parts to an interest in land were a reference to the legal estate in the work of art to which that right relates; and
(c) a reference in those Parts to the Minister were a reference to the Minister administering this Act.'.
Subsection 11(16):

Omit ` Lands Acquisition Act 1955 ', substitute ` Lands Acquisition Act 1989 '.

National Library Act 1960

Subsection 7A(2):

Omit the subsection.

National Parks and Wildlife Conservation Act 1975

Paragraphs 8A(12)(a) and (b):

Omit the paragraphs, substitute the following paragraphs:

`(a) an interest of either of the following kinds granted before the commencement of the Lands Acquisition Act 1989 :
(i) a lease or licence granted under section 51 of the Lands Acquisition Act 1955 ;
(ii) a right (however described) to explore or prospect for minerals granted under section 53 of the Lands Acquisition Act 1955 ; or
(b) a right (however described) to explore for minerals, or to mine for or recover minerals, granted under section 124 of the Lands Acquisition Act 1989 .'.
After subsection 9(3):

Insert the following subsection:

`(3A) The Lands Acquisition Act 1989 does not apply to the grant or surrender of a lease or sub-lease under this section.'.

Northern Territory (Self-Government) Act 1978

Subsection 70(4):

Omit ` Lands Acquisition Act 1955 ', substitute ` Lands Acquisition Act 1989 '.

Section 70:

Add at the end the following subsection:

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

OTC Act 1946

Subsection 79D(1):

Omit ` Lands Acquisition Act 1955 ', substitute ` Lands Acquisition Act 1989 '.

Pipeline Authority Act 1973

Subsection 35(5):

Omit the subsection, substitute the following subsection:

`(5) Part VIII of the Lands Acquisition Act 1989 applies in relation to the determination of compensation under this section as if anything done by the Authority under this Act had been done under Part III of the Lands Acquisition Act 1989 .'.

Section 37:

Repeal the section.

Postal Services Act 1975

Subsection 114B(1):

Omit ` Lands Acquisition Act 1955 ', substitute ` Lands Acquisition Act 1989 '.

Public Order (Protection of Persons and Property) Act 1971

Subsection 13(2):

Omit `or function under section 64 of the Lands Acquisition Act 1955-1966 ', substitute `under section 139 of the Lands Acquisition Act 1989 '.

Satellite Communications Act 1984

Subsection 18B(1):

Omit ` Lands Acquisition Act 1955 ', substitute ` Lands Acquisition Act 1989 '.

Seat of Government (Administration) Act 1910

Section 7A:

Omit ` Lands Acquisition Act 1955 ', substitute ` Lands Acquisition Act 1989 '.

Section 9A:

Omit ` Lands Acquisition Act 1955 ', substitute ` Lands Acquisition Act 1989 .'.

Snowy Mountains Hydro-electric Power Act 1949

Subsection 33(4):

Omit the subsection, substitute the following subsection:

`(4) Part VIII of the Lands Acquisition Act 1989 applies in relation to the determination of compensation under this Part as if anything done by the Authority under this Act had been done under Part III of the Lands Acquisition Act 1989 .'.

Telecommunications Act 1975

Subsection 110B(1):

Omit ` Lands Acquisition Act 1955 ', substitute ` Lands Acquisition Act 1989 '.

World Heritage Properties Conservation Act 1983

Section 17:

Add at the end the following subsection:

`(3A) The Lands Acquisition Act 1989 does not apply in relation to an acquisition of property that results from the operation of this Act.'.