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Lands Acquisition Delegation 2011

I, Gary Gray, Special Minister of State, make this delegation under section 139 of the Lands Acquisition Act 1989.

Dated 27.1.2011

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Special Minister of State

Contents

  1. Name of Delegation
  2. Commencement
  3. Revocation
  4. Definitions
  5. Delegation
  6. Acquisition and disposal of land - delegation (Act s 40, s 119)
  7. Interests in overseas land - delegation (Act s 125)
  8. Exercising power to acquire or dispose of land
  9. Restriction on delegations

Schedules

Schedule 1 Delegations
Schedule 2 Acquisition and disposal delegations
Schedule 3 Overseas land delegations (residential accommodation)
Schedule 4 Overseas land delegations (office accommodation)

1. Name of Delegation

This delegation is the Lands Acquisition Delegation 2011.

2. Commencement

This delegation commences on gazettal

3. Revocation

The instrument of delegation of the Minister’s powers and functions, made under section 139 of the Act on 22 March 2010, is revoked.

4. Definitions

In this delegation:

Act means the Lands Acquisition Act 1989.

Agency has the meaning given by section 7 of the Public Service Act 1999.

Note:   Section 7 of the Public Service Act 1999 defines Agency as being a Department, Executive Agency or Statutory Agency.  Department, Executive Agency and Statutory Agency are also defined in section 7 of that Act.

Category A position means the position mentioned or identified by position title of any of the following positions in the Department:

  1. Secretary of the Department;
  2. Deputy Secretary, Asset Management and Parliamentary Services;
  3. First Assistant Secretary, Government Business, Special Claims and Land Policy Division; and
  4. Assistant Secretary, Special Claims and Land Policy Branch, Government Business, Special Claims and Land Policy Division.

Category B position means the position mentioned or identified by position title or number of any of the following positions in the Department:

  1. Finance and Deregulation Executive Level 2, Director, Land Operations and Public Works, Special Claims and Land Policy Branch; and
  2. Finance and Deregulation Executive Level 1, Assistant Director, Land Operations and Public Works, Special Claims and Land Policy Branch.
Department means the Department of Finance and Deregulation.

5. Delegation

  1. The power or function of the Minister under a provision of the Act mentioned in Schedule 1 is delegated to the person for the time being holding, occupying, or performing the duties of, the positions specified.

  2. A delegate may exercise the power or function mentioned in item 20 of Schedule 1 only if:

    1. the delegate has discussed the proposed amount of the final offer with the claimant; and
    2. the claimant has indicated in writing that he or she will accept the amount offered.

6. Acquisition and disposal of land - delegation(Act, ss 40 and 119)

The following powers of the Minister are delegated to the person for the time being holding, occupying, or performing the duties of, a position mentioned, or identified by a position number, in Schedule 2:

  1. the power of the Minister under subsection 40 (1) of the Act to authorise the acquisition by agreement of a leasehold interest in land, other than land in a public park, if the interest to be acquired is available in the market, within the meaning of subsection 40 (5) of the Act and the term of the lease is for a period of 22 years or less;
  2. the power of the Minister under subsection 40 (1) of the Act to authorise the acquisition by agreement of an interest in land, other than land in a public park, if the interest to be acquired:
    1. is available in the market, within the meaning of subsection 40 (5) of the Act; and
    2. is for residential accommodation for persons engaged or employed to perform services in an Agency;
  3. the power of the Minister under subsection 119 (1) of the Act:
    1. to authorise the disposal of an interest in land by sub-letting, assigning or terminating a lease, or an interest in a lease, on the land; and
    2. to authorise the disposal of an interest in land acquired or used for residential accommodation for persons engaged or employed to perform services in an Agency.

7. Interests in overseas land - delegation (Act s 125)

  1. The power of the Minister under subsection 125 (3) of the Act to authorise, in writing, the acquisition or disposal of an interest in overseas land by an acquiring authority is delegated to the person for the time being holding, occupying, or performing the duties of, a Category A position.

  2. The power of the Minister under subsection 125 (3) of the Act to authorise, in writing, the acquisition or disposal of a leasehold interest in overseas land for residential accommodation is delegated to the person for the time being holding, occupying, or performing the duties of, a position mentioned in Schedule 3.

  3. The power of the Minister under subsection 125 (3) of the Act to authorise, in writing, the acquisition or disposal of a leasehold interest in overseas land for office accommodation is delegated to the person for the time being holding, occupying, or performing the duties of, a position mentioned in Schedule 4.

8. Exercising power to acquire or dispose of land

  1. This section applies to a person who:
                    (a)    has been delegated the Minister’s power under section 40, 119 or 125 of the Act to authorise the acquisition or disposal of land or an interest in land; and
                   (b)    exercises that power to authorise the acquisition or disposal of land or an interest in land.

  2. The person must give a written statement about the acquisition or disposal of the land, or the interest in the land, to the appropriate person in the Department who is responsible for matters related to the Act no later than 14 days after the person acquires or disposes of the land or the interest.

9. Restriction on delegations

Nothing in this delegation allows the Minister to delegate any of his or her powers or functions under the Act to a person who:

  1. has not been appointed or engaged under the Public Service Act 1999; or
  2. does not have executive authority in relation to the affairs of the Commonwealth authority in which the person's delegation may be exercised.

Contact for information on this page: Lands Acquisition - Contact Officers

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Last Modified: 14 February, 2011