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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
and Acquisition (Just Terms
Compensation) Amendment Bill 2009
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Amendment of Land Acquisition (Just Terms
Compensation) Act 1991 No 22 3
b2009-052-33.d10
New South Wales
and Acquisition (Just Terms
Compensation) Amendment Bill 2009
No , 2009
A Bill for
An Act to amend the Land Acquisition (Just Terms Compensation) Act 1991 with
respect to the authorisation of the compulsory acquisition of land; and for
other purposes.
Clause 1 Land Acquisition (Just Terms Compensation) Amendment Bill 2009
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Land Acquisition (Just Terms Compensation) 3
Amendment Act 2009. 4
2 Commencement 5
This Act commences on the date of assent to this Act. 6
Page 2
Land Acquisition (Just Terms Compensation) Amendment Bill 2009
Amendment of Land Acquisition (Just Terms Compensation) Act 1991 Schedule 1
No 22
Schedule 1 Amendment of Land Acquisition (Just 1
Terms Compensation) Act 1991 No 22 2
[1] Section 7 3
Omit the section. Insert instead: 4
7 Act not to empower authority to acquire land 5
(1) This Act does not empower an authority of the State to acquire 6
land if it does not have the power (apart from this Act) to acquire 7
the land. 8
(2) The power of an authority of the State to acquire land under 9
another Act is affected by sections 7A and 7B of this Act. Any 10
such acquisition to which section 7A or 7B applies remains, for 11
all purposes, an acquisition of land under and subject to that other 12
Act. 13
[2] Section 7A Authority empowered to acquire native title 14
Omit "by compulsory process under this Act" from section 7A (1). 15
Insert instead "by compulsory process in accordance with this Act". 16
[3] Schedule 3 Savings, transitional and other provisions 17
Insert at the end of clause 1 (1): 18
Land Acquisition (Just Terms Compensation) Amendment 19
Act 2009 20
[4] Schedule 3, Part 3 21
Insert after Part 2: 22
Part 3 Provisions consequent on enactment of 23
Land Acquisition (Just Terms 24
Compensation) Amendment Act 2009 25
4 Acquisitions before enactment of 2009 amending Act 26
(1) In this clause, the 2009 amending Act means the Land 27
Acquisition (Just Terms Compensation) Amendment Act 2009. 28
(2) Section 7 of this Act (as substituted by the 2009 amending Act) 29
extends to an acquisition of land by compulsory process before 30
the commencement of the 2009 amending Act (including a 31
proposed acquisition commenced but not completed before the 32
commencement of the 2009 amending Act). 33
Page 3
Land Acquisition (Just Terms Compensation) Amendment Bill 2009
Schedule 1 Amendment of Land Acquisition (Just Terms Compensation) Act 1991
No 22
(3) Subclause (2) does not affect any determination made by a court 1
before the commencement of the 2009 amending Act in relation 2
to a purported acquisition of land that has been the subject of 3
proceedings before the court. 4
(4) Despite anything to the contrary in this clause, any acquisition or 5
proposed acquisition of native title rights and interests at any time 6
after the enactment of section 7A of this Act and before the 7
commencement of the 2009 amending Act that would not have 8
been a valid acquisition if the 2009 amending Act had been in 9
force at that time does not operate to extinguish or otherwise 10
affect those native title rights and interests. 11
Page 4
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