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Schedule 1 Delegations

(section 5)

Item Provision Summary of Power or Function
(for information only)		 Position
1 s 22 (1) Make a written declaration that the delegate is considering the acquisition by an acquiring authority of an interest in land (other than a mortgage interest) for a public purpose Category A position
Category B position
2 s 22 (7) (a)

Give a copy of the declaration to each person whom the Delegate believes, after diligent inquiry, to a person who is affected by the declaration, together with:

  1. a sketch showing the location of the land to which the declaration relates; and
  2. a statement setting out the summary of the principal rights conferred by this Act on persons whose interests in land are affected by a pre-acquisition declaration.

Category A position
Category B position
3 s 26 (4) Agree, in writing, to an extension of the period within which a person may apply for a reconsideration of a pre-acquisition declaration Category A position
4 s 35 Correct clerical errors or obvious mistakes in an authorising document, that is, a pre-acquisition declaration or a certificate under section 24 Category A position
Category B position
5 s 40 (1) Authorise the acquisition by agreement of an interest in land, other than land in a public park, by an acquiring authority for a public purpose Category A position
Category B position
6 s 40 (6) Give a certificate stating that the acquisition of the interest by the acquiring authority would be a standard commercial transaction Category A position
Category B position
7 s 47 (1) Agree to an extension of the period of occupancy under section 47 Category A position
Category B position
8 s 47 (4) Determine, and set out in a notice given to the occupier, the terms and conditions of occupancy under section 47 Category A position
Category B position
9 s48

Give a copy within 14 days after the publication in the Gazette of a declaration under section 41, to each person who the delegate believes, after diligent inquiry, to be a person affected (within the meaning of subsection 41 (6)) by the declaration the following documents:

  1. a copy of  the declaration; and
  2. a notice stating that the person appears to be entitled to compensation in respect of the acquisition and a notice setting out such other information with respect to the operation of this Act as the delegate considers appropriate; and
  3. a compensation claim form.
 Category A position
Category B position
10 s 50 (1) By notice published in the Gazette, vary a declaration under subsection 41(1) for the purpose of correcting a clerical error, or an obvious mistake, in the declaration Category A position
Category B position
11 s 50 (2) (b)

Give a copy of the declaration, clearly showing the variation, to be given to:

  1. each person to whom a copy of the original declaration was given in accordance with section 48; and
  2. any other person whom the delegate has reason to believe to be a person affected (within the meaning of subsection 41 (6)) by the declaration as varied.
 Category A position
Category B position
12 s 53 (2)

By written notice given to a mortgagee from whom a mortgage interest has, or may have been, acquired by compulsory process, require the mortgagee, at his or her option:

  1. to make a claim under Division 4; or
  2. to waive the right to compensation. 
Category A position
Category B position
13 s 53 (3) In writing, extend the period of time within which a mortgagee may make a claim Category A position
Category B position
14 s 60 (d) Approve, in writing, the carrying out of improvements on land that is the subject of a pre-acquisition declaration Category A position
Category B position
15 s 66 (1) (a) By written notice require a person from whom an interest in land, other than a mortgage interest, has been acquired by compulsory process, to provide the delegate with information on any mortgages held over an interest in land Category A position
Category B position
16 s 66 (2) Allow, in writing, the extension of the period within which a person is required to give particulars under s 66 (1) and, if particulars are not given by an owner, to agree with a person claiming to be a mortgagee about the amounts due under the mortgage Category A position
17 s 67 (2) (a) Approve the form of a claim for compensation for the purposes of s 67 (2) Category A position
18 s 70 (1)

By written notice given to the claimant:

  1. accept a claim for compensation; and
  2. offer an amount for compensation; and
  3. explain how the amount for compensation was arrived at
 Category A position
19 s 71 (6) (b) Give a notice to the claimant under s 70 (1), if the Administrative Appeals Tribunal has accepted a claim for compensation Category A position
20 s 72 (3) (b) Give a notice to the claimant under s 70 (1), if the Federal Court declares that the interest specified in the claim was acquired from the claimant by compulsory process Category A position
21 s 72 (4) (c) Give a notice to the claimant under s 70 (1), if the Federal Court declares that an interest, other than the interest specified in the claim, was acquired from the claimant by compulsory process Category A position
22 s 74 (1) (a) Allow an extension of time within which a claimant must apply to the Administrative Appeals Tribunal under section 71 Category A position
23 s 76 (1)

By written notice given to the claimant:

  1. make a final offer of compensation to which the Minister considers the claimant is entitled in accordance with Division 2 or 3 of Part VII of the Act; and
  2. explain to the claimant how the amount of the final offer was arrived at
(This power is delegated only where the claimant and the Commonwealth are agreed about the amount of compensation)		 Category A position
24 s 78 (1) Agree with an owner of an interest in land (other than a mortgage interest) on the amount of compensation to which the owner will be entitled if the interest is acquired by compulsory process within a time specified in the agreement Category A position
Category B position
25 s 80 Agree, in writing, with a person who has rejected an offer of compensation to submit the question of the amount of compensation to be settled by arbitration or to be determined by an expert Category A position
26 s 85 Make an advance on account of compensation that may, or has, become payable under Part VII of the Act Category A position
Category B position
27 s 86 (2) Pay rates or other similar charges in respect of land, or an interest in land, which were due immediately before compulsory acquisition of the interest Category A position
Category B position
28 s 90 (2) Pay compensation into the Account Category A position
29 s 90 (3) Pay rates, taxes and other similar charges which are due at the time of acquisition and deduct the amount of the payment from the amount of compensation otherwise payable into the Account Category A position
30 s 90 (5) Pay compensation out of the Reserve to a person who rectifies a default or delay mentioned in s 90 (1) Category A position
31 s 97 (2) (a) Approve the form of a claim for compensation for the purposes of s 97 (2) Category A position
32 s 98 (1)

By written notice given to the claimant:

  1. inform the claimant that the claim is accepted; and
  2. make an offer for an amount for compensation; and
  3. explain to the claimant how the amount offered was arrived at
 Category A position
33 s 99 (6) (b) Give a notice under s 98 (1) to a claimant, if the Administrative Appeals Tribunal decides that the claimant is entitled to compensation in respect of the loss to which the claim relates Category A position
34 s 100 (3) (b) Give a notice under s 98 (1) to a claimant, if the Federal Court declares that the claimant is entitled to compensation in respect of the loss to which the claim relates Category A position
35 s 100 (4) (c) Give a notice under s 98 (1) to a claimant, if the Federal Court declares that the claimant is entitled to compensation in respect of some other loss suffered by the claimant Category A position
36 s 106 (1) Agree, in writing, with a person who has rejected an offer of compensation under Part VIII to have the amount of compensation to which the person is entitled, settled by arbitration or determined by an expert Category A position
Category B position
37 s 119 (1) Authorise, in writing, the disposal of an interest in land vested in an acquiring authority Category A position
Category B position
38 s 114 (2) and (4) Pay compensation money into and out of the Account Category A position
39 s 118 Direct that an interest in land vested in the Commonwealth be transferred to a particular Commonwealth authority Category A position
Category B position
40 s 119 (1) Authorise, in writing, the disposal of an interest in land vested in an acquiring authority Category A position
Category B position
41 s 121 (2)

By written notice given to the former owner of an interest in land:

  1. make an offer for sale of the interest; and
  2. specify the amount that represents the market value of the interest at the time of the offer
 Category A position
Category B position
42 s 121 (8) By written notice given to the former owner, extend the period of 2 months mentioned in s 121 (7) (b) Category A position
43 s 121 (10) (b) Decide who is fairly entitled to the benefit of s 121 (1) Category A position
44 s 123 (1) By notice published in the Gazette, extinguish an easement Category A position
Category B position

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Last Modified: 17 February, 2012