Document ID: chunk:federal_register_of_legislation:C2024C00450:section:42:p1
Version: federal_register_of_legislation:C2024C00450
Segment Type: section
Provision Reference: s 42 (pt 1/3)
Character Range: 3923–7086

42  Special provision regarding land in public park
43 When pre‑acquisition declaration becomes absolute
44 Notice requiring acquisition
45 Acquisitions not affected by failure to comply with post‑acquisition requirements
46 Disallowance of acquisition of interest in land in public park
47 Entry into possession by acquiring authority
48 Notification of compulsory acquisition declarations
49 Effect of acquisition of mortgage interest on rights of mortgagee
50 Correction of compulsory acquisition declarations
51 Registration of compulsory acquisition declarations
Part VII—Compensation for compulsory acquisition of interests in land
Division 1—Entitlement to compensation
52 Entitlement to compensation
53 Mortgagees may waive rights in respect of mortgage interests
Division 2—Amount of compensation–interests other than mortgage interests
54 Division does not apply in relation to acquisition of mortgage interests
55 Amount of compensation—general principles
56 Meaning of market value
57 Special provision where market value determined upon basis of potential of land
58 No general market for interest acquired
59 Interest affected by planning restriction
60 Matters to be disregarded in assessing compensation
61 Acquisition of a dwelling
62 Interest subject to mortgage
63 Crown land
Division 3—Amount of compensation–mortgage interests
64 Interpretation
65 Amount of compensation
66 Particulars of mortgages may be required
Division 4—Claims for, and offers of, compensation
67 Claims for compensation
68 Effect of compensation claim in respect of acquisition of mortgage interest
69 Amounts paid in respect of mortgage liabilities extinguished by section 68
70 Minister either to accept claim and offer compensation or to reject claim
71 Rejection of claims—review by Administrative Review Tribunal
72 Rejection of claims—declaration by Federal Court
73 Combination of actions under section 72 and proceedings for determination of compensation
74 Consequences of not seeking review of decision to reject claim
74A Minister may make offer of compensation where no claim is made
75 Person may accept or reject Minister's offer of compensation
76 Minister to reconsider offer of compensation and to make final offer
77 Person may accept or reject Minister's final offer of compensation
Division 5—Determination of compensation payable
78 Determination of compensation by pre‑acquisition agreement
79 Determination of compensation by post‑acquisition agreement
80 Determination of compensation by arbitration or by expert
81 Determination of compensation by Administrative Review Tribunal
82 Determination of compensation by Federal Court
83 Persons not entitled to seek determination of compensation by more than one means
84 Separate rights of mortgagee and mortgagor to determination of compensation
Division 6—Payment of compensation
85 Advance payment on account of compensation
86 Minister may pay rates etc.
87 Payment of compensation
88 Relationship between advances on account of, and payments of, compensation
89 Repayment of advances where no entitlement to compensation
89A Lands Acquisition Account
90 Crediting of amounts of compensation to