LANDS ACQUISITION ACT 1989

ACQUISITION DECLARATION

1. Acquisition

In accordance with section 41(1) of the Lands Acquisition Act 1989, I hereby declare that the interests in land specified in paragraph 3 are acquired by compulsory process for the public purpose described in paragraph 4.

The Commonwealth of Australia is the acquiring authority.

2. The Land

This declaration relates to part of the land contained in Crown Lease Pastoral Number 2283 recorded in Crown Lease Register Book Volume 1299 Folio 37, namely all that land contained in the Crown Lease, except:

a. the land identified as Pieces 81 and 82 on Plan D85852 (approved by, but not yet deposited in, the South Australian Land Titles Registration Office) set out in Part 1 of the Schedule; and

b. the portion of the land contained in Crown Lease Pastoral Number 2283 recorded in Crown Lease Register Book Volume 1299 Folio 37 that is to the North East of the Iron Knob‑Whyalla Road.

The land is approximately 122 square kilometres and is located in the State of South Australia.  A plan showing the approximate location of the land is set out in Part 2 of the Schedule.

3. The Interests in Land

This declaration relates to the acquisition of all interests in the pastoral lease known as 'Katunga', Crown Lease Pastoral Number 2283 recorded in Crown Lease Register Book Volume 1299 Folio 37 in so far as they apply to the land specified in paragraph 2.

This means that the pastoral lease itself is vested in the Commonwealth and freed and discharged from all other interests, pursuant to subsection 41(4) of the Lands Acquisition Act 1989, upon publication of a copy of this declaration in the Gazette.  Those other interests are taken to have been acquired by the Commonwealth, by operation of subsection 41(5) of the Lands Acquisition Act 1989.

4. Public Purpose

There are two public purposes of the acquisition.

A public purpose of the acquisition is the conferral of interests in land on Aboriginal people (being people of a particular race).

An additional, separate public purpose of the acquisition is defence.

5. Pre-acquisition Declaration

This declaration is made following the Pre-acquisition Declaration in relation to the interests in land specified in paragraph 3 made on 14 May 2012. 

6. Interpretation

This declaration is to be read and construed subject to the Lands Acquisition Act 1989, and so as not to exceed the power conferred by section 41 of that Act.

If this declaration would, but for this paragraph, be construed as being in excess of the power conferred by section 41 of that Act, it is intended to be valid to the extent to which it is not in excess of that power.

DATED this 23rd day of  August  2012.

Signed by the Hon Gary Gray AO MP, Special Minister of State

……………………………………………………

GARY GRAY
Special Minister of State

Schedule

Part 1 - Exceptions from the Land, in part: Pieces 81 and 82 on Plan D85852

Note: The full Plan D85852 is available at: www.defence.gov.au/id/cultana/default.htm

Part 2 - Location of the Land