The Commonwealth Department of Finance is reviewing the Lands Acquisition Act 1989 (LAA), which is the key legislation used by the Commonwealth to acquire and dispose of interests in land for public purposes.
The LAA also regulates the disposal of Commonwealth land to local government and the acquisition of local government land by the Commonwealth.
The LAA has not changed substantially since its commencement over 30 years ago. Over time, complex land acquisition processes involving compensation payments to landholders have become more difficult to finalise. The Federal Government has asked for the review to look at how the LAA could be improved to best support the Commonwealth and other interest holders into the future.
The Department would like to hear councils’ experiences with the LAA including, but not limited to:
- having experience with Commonwealth acquisitions (whether ‘compulsory’ or ‘by agreement’) occurring in their local community
- having experience with Commonwealth disposals of land occurring in their local community, including working with the Commonwealth to achieve land use/planning outcomes
- arrangements relating to the Commonwealth’s compulsory acquisition of local government land designated as park land, and ‘land swaps’.
Because the review has a modernisation/improvement focus, the Department would also be interested in local governments’ reflections on best practice in government land acquisitions (by agreement and/or by compulsory process) based on experience with state/territory programs as well as Commonwealth acquisitions.
Submissions to the review can be made until Friday 17th April 2020. Submissions do not need to address all questions in the discussion paper and can comment on other aspects of the LAA. If you would like to make a submission or have any questions please contact email@example.com or visit the Department’s website.