Lands Acquisition Delegation 2016
I, Mathias Hubert Paul Cormann, Minister for Finance, make this delegation under section 139 of the Lands Acquisition Act 1989.
SIGNED
Minister for Finance
Dated 27 October 2016
Contents
Section 5 Delegation to officers in the Department
Section 7 Interests in overseas land (section 125 of the Act)
Section 8 Directions by Minister (subsection 139 (3) of the Act)
Schedule 1 Delegations to officers in the Department of Finance
Section 1 Name of delegation
This delegation is the Lands Acquisition Delegation 2016
Section 2 Commencement
This delegation commences on publication in the Commonwealth of Australia Gazette.
Section 3 Revocation
Section 4 Definitions
In this delegation:
Act means the Lands Acquisition Act 1989.
Account has the meaning given by section 6 of the Act.
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.
Acquiring authority has the meaning given by section 6 of the Act.
Category A position means any of the following positions in the Department:
(a) Secretary;
(b) Deputy Secretary, Commercial and Government Services;
(c) First Assistant Secretary, Property and Construction Division; and
(d) Assistant Secretary, Property Legislation and Advice Branch.
Category B position means the position of Director, within the Property Legislation and Advice Branch in the Department.
Department means the Department of Finance.
interest, in relation to land, has the meaning given by section 6 of the Act.
overseas land has the meaning given by section 6 of the Act.
public park has the meaning given by section 6 of the Act.
Section 5 Delegation to officers in the Department
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 a Category A or a Category B position in the Department, opposite the relevant provision of the Act.
Notes:
- Delegations are also given to other positions in the Department - see Schedule 2.
2. A delegate is, in the exercise of a power so delegated, subject to the directions of the Minister (see subsection 139(3) of the Lands Acquisition Act 1989).
Section 6 Delegations to officers in acquiring authorities relating to the acquisition and disposal of interests in land (sections 40, 119 and 123 of the Act)
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, and/or identified by a position number (if applicable), in Schedule 2:
(1) 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 is available in the market, within the meaning of subsection 40 (5) of the Act;
(2) the power of the Minister under subsection 119 (1) of the Act, other than to dispose of an interest in land by means of the grant of a leasehold interest that may exceed a period of 22 years in duration; and
(3) the power of the Minister under section 123 of the Act to expunge an easement.
Note: A delegate is, in the exercise of a power so delegated, subject to the directions of the Minister (see subsection 139 (3) of the Lands Acquisition Act 1989).
Section 7 Interests in overseas land (section 125 of the Act)
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 (whether the leasehold interest is for residential accommodation and/or for office accommodation) is delegated to the person for the time being holding, occupying, or performing the duties of, a position mentioned, and/or a position number (if applicable), in Schedule 3.
Section 8 Directions by Minister (subsection 139 (3) of the Act)
(1) This section applies to a person who, being an officer in an acquiring authority:
(a) has been delegated the Minister’s power under sections 40, 119, 123 or 125 of the Act to authorise the acquisition or disposal of an interest in land; and
(b) exercises that power to authorise the acquisition or disposal of an interest in land.
(2) The person must give a written statement about the acquisition or disposal of an interest in land to the Assistant Secretary, Property Legislation and Advice Branch in the Department no later than 14 days after the person exercises power to acquire or dispose of an interest in land.
(3) The statement referred to in section 8(2) must contain particulars of the interest acquired, or disposed of, in the form approved by the Assistant Secretary, Property Legislation and Advice Branch in the Department, and published on the Department’s internet site.
(4) A person exercising power conferred by this Instrument of Delegation may exercise power only in relation to the acquisition of, or the disposal of, an interest in land that is within the scope of the administrative responsibilities of the acquiring authority in which the delegate’s position is located.
(5) A person exercising power conferred by this Instrument of Delegation must have prior regard to the ‘Commonwealth Property Management Framework’, (published on the Department’s web site), including associated guidance material, interacting legislation and policies (including the Commonwealth Property Disposal Policy), as relevant to a decision to acquire, or to dispose of, an interest in land.
(6) A delegate whose position is within an acquiring authority that is subject to the Public Governance, Performance and Accountability Act 2013 (PGPA Act) must comply with the Commonwealth Property Management Framework Lease Endorsement Process for Non-Corporate Commonwealth Entities, (set out in Resource Management Guide 504), before entering into a property lease with a whole-of-life cost exceeding $30 million (or $100 million for the Department of Defence).
Schedule 1 Delegations to officers in the Department of Finance
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) | Give a copy of the declaration to each person whom the Delegate believes, after diligent inquiry, to be a person who is affected by the declaration, together with: (a) a sketch showing the location of the land to which the declaration relates; and (b) a statement setting out the principal rights conferred by this Act on persons whose interests in land is 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 | Within 14 days after the publication in the Gazette of a declaration under section 41, give a copy 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, of the following documents: (a) a copy of the declaration; and (b) a notice stating that the person appears to be entitled to compensation in respect of the acquisition, and setting out such other information with respect to the operation of this Act as the delegate considers appropriate; and (c) 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: (a) each person to whom a copy of the original declaration was given in accordance with section 48; and (b) 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: (a) to make a claim under Division 4; or (b) 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 section 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 subsection 67 (2)
| Category A position Category B position |
18 | s 70(1) | By written notice given to the claimant: (a) accept a claim for compensation; and (b) offer an amount for compensation; and (c) explain how the amount for compensation was arrived at
| Category A position (note that the power under section 70 to reject a claim for compensation cannot be delegated) |
19 | s 71(6)(b) | Give a notice to the claimant under section 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 section 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 section 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)
This power is delegated only where the claimant and the Commonwealth are in agreement about the amount of compensation
| Reconsider the amount of compensation to which the person is entitled and by written notice given to the claimant: (a) 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 (b) explain to the claimant how the amount of the final offer was arrived at
| 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(1) | 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 Account to a person who rectifies a default or delay mentioned in sub section 90 (1)
| Category A position |
31 | s 97(2)(a) | Approve the form of a claim for compensation for the purposes of subsection 97 (2)
| Category A position |
32 | s 98(1) | By written notice given to the claimant: (a) inform the claimant that the claim is accepted; and (b) make an offer for an amount for compensation; and (c) explain to the claimant how the amount offered was arrived at
| Category A position (note that the power under section 98(2) to reject a claim for compensation cannot be delegated) |
33 | s 99(6)(b) | Give a notice under section 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 subsection 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 subsection 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 |
37 | s 110(2) | Make an advance on account of compensation which may be payable under Part VIII of the Act
| Category A position |
38 | s 114(2) and (4) | Pay compensation money into the Account Pay compensation out of the Account to a person who rectifies a default or delay mentioned in sub section 114 (1)
| 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: (a) make an offer for sale of the interest; and (b) 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 subsection 121 (7) (b)
| Category A position Category B position
|
43 | s 121(10)(b) | Decide who is fairly entitled to the benefit of subsection 121 (1)
| Category A position |
44 | s 123(1) | By notice published in the Gazette, extinguish an easement | Category A position Category B position
|
45 | s 125(3) | Give written authority for the acquisition or disposal of an interest in overseas land by an acquiring authority | Category A position Category B position
|