2018
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Alistair Coe)
Lands Acquisition (Reporting Requirements) Amendment Bill 2018

A Bill for
An Act to amend the Lands Acquisition Act 1994

    

The Legislative Assembly for the Australian Capital Territory enacts as follows:

1	Name of Act
This Act is the Lands Acquisition (Reporting Requirements) Amendment Act 2018.
2	Commencement
This Act commences on 1 July 2018.
Note	The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
3	Legislation amended
This Act amends the Lands Acquisition Act 1994.
4	Declaration that land suitable for acquisition
Section 19 (2)
substitute
	(2)	The declaration must state—
	(a)	the acquiring authority; and
	(b)	the land; and 
	(c)	the interest in the land; and
	(d)	the public purpose.
Note 1	A declaration is a notifiable instrument (see s 20). 
Note 2	For an acquisition for which a declaration is made, the declaration must be absolute and in force before the acquiring authority can acquire the interest in the land (see s 32 (2) (a) and s 33 (1) (a)).  For when a declaration becomes absolute and in force, see s 34.
5	Acquisition by agreement
Section 32 (3)
omit everything before paragraph (a), substitute
	(3)	The Executive must present to the Legislative Assembly, within 6 sitting days of the Assembly after the agreement is entered into, a statement describing—
6	New part 9B
insert
Part 9B	Reporting requirements
104AE	Quarterly report about all acquisitions
	(1)	Within 6 sitting days after the end of a quarter in which a reportable acquisition is made, the Minister must present to the Legislative Assembly a report that sets out—
	(a)	the interest in land that was acquired, including identification of—
	(i)	either—
	(A)	the land; or
	(B)	if the land was acquired for public housing—the suburb in which the land is located; and 
	(ii)	if the land was acquired from a corporation or other body—the corporation or body from whom it was acquired; and
	(b)	if the acquisition was made by the Executive—that the Executive was the acquirer; and
	(c)	if the acquisition is made by a public sector body—that the public sector body was the acquirer; and
	(d)	whether the interest in land was acquired by—
	(i)	agreement under section 32; or 
	(ii)	compulsory process under section 33; or
	(iii)	an agreement when there was no pre-acquisition declaration or certificate under section 21 in force for the acquisition; and
	(e)	the compensation paid for the interest in land; and
	(f)	any other amount paid in relation to the acquisition; and
Examples
consultant fees, commissions
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(g)	information considered by the acquirer of the land in relation to deciding the amounts mentioned in paragraphs (e) and (f) including—
	(i)	any valuation given to the acquirer by the person from whom the interest was acquired; and
	(ii)	all valuations considered by the acquirer; and
	(h)	how value for money was pursued in accordance with the Government Procurement Act 2001, section 22A; and
	(i)	the reason for the acquisition; and
	(j)	how the acquisition meets the requirements of the Planning and Development Act 2007; and
Note	A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104). This includes the statement of planning intent made under the Planning and Development Act 2007, s 16 and the territory plan, including the statement of strategic directions made under the Planning and Development Act 2007, s 51.
	(k)	if the acquirer is a territory authority—how the acquisition upholds the statement of intent made under the Financial Management Act 1996, section 61 for the territory authority; and
	(l)	if the acquirer is the city renewal authority—how the acquisition—
	(i)	complies with any direction made under the City Renewal Authority and Suburban Land Agency Act 2017, section 63 (Treasurer must make directions for land acquisition); and
	(ii)	upholds the following under that Act, to the extent they relate to lands acquisition:
	(A)	the objects of the authority under section 8;
	(B)	the functions of the authority under section 9;
	(C)	a statement of expectations made under section 17;
	(D)	a statement of operational intent made under section 18; and
	(m)	if the acquirer is the suburban land agency—how the acquisition—
	(i)	complies with any direction made under the City Renewal Authority and Suburban Land Agency Act 2017, section 63; and
	(ii)	upholds the following under that Act, to the extent they relate to lands acquisition:
	(A)	the objects of the agency under section 38; 
	(B)	the functions of the agency under section 39; and
	(n)	the current and future status of the acquired land under the territory plan, including any condition on the Crown lease; and
	(o)	how the acquisition, including the intended use of the land, supports land development that is—
	(i)	in the public interest; and 
	(ii)	environmentally sustainable; and
	(p)	a summary of any information considered by the acquirer in relation to making the acquisition, including—
	(i)	advice received from the head of service and directors‑general; and
	(ii)	any risk assessment; and
	(q)	anything prescribed by regulation.
	(2)	If the Minister is presenting a report under the City Renewal Authority and Suburban Land Agency Act 2017, section 13 (Land acquisition report of authority) or section 43 (Land acquisition report of agency), the Minister may—
	(a)	combine the report with the report presented under subsection (1); and
	(b)	for information required to be included in 2 or more combined reports—include the information once.
	(3)	Within 10 working days of presenting the report mentioned in subsection (1) to the Legislative Assembly, the Minister must give the relevant committee—
	(a)	a copy of the report; and
	(b)	if the report identifies land acquired for public housing—the identifying particulars of the land; and
	(c)	if the report identifies land acquired from a person other than a corporation or other body—the person from whom it was acquired.
	(4)	In this section:
alternative acquisition by agreement means an acquisition mentioned in section 18 (1) (d), other than acquisition of a mortgage interest.
relevant committee means— 
	(a)	a standing committee of the Legislative Assembly nominated by the Speaker for subsection (1); or
	(b)	if no nomination under paragraph (a) is in effect—the standing committee of the Legislative Assembly responsible for public accounts.
reportable acquisition means—
	(a)	an acquisition under this Act; or
	(b)	an alternative acquisition by agreement.
territory authority—see the Financial Management Act 1996, dictionary.
7	Dictionary, note 2
insert
·	body
·	city renewal authority
·	corporation
·	Executive
·	Legislative Assembly
·	Minister (see s 162)
·	public sector body
·	quarter
·	sitting day
·	Speaker
·	suburban land agency

Endnotes
1	Presentation speech
	Presentation speech made in the Legislative Assembly on 14 February 2018.
2	Notification
	Notified under the Legislation Act on	2018.
3	Republications of amended laws
	For the latest republication of amended laws, see www.legislation.act.gov.au.

© Australian Capital Territory 2018