The Department of Finance is to review the Lands Acquisition Act 1989 (LAA), the key piece of legislation used by the Commonwealth to acquire and dispose of interests in land.
A statement from the Department said parts of the 30-year-old legislation had become complex and time-consuming and needed revision to improve processes.
“Over time, complex land acquisition processes involving compensation payments to landholders have become more difficult to finalise,” Finance said.
“The Government has therefore asked for a review of the LAA to look at how it could be improved to best support the Commonwealth and other interest holders into the future,” it said.
The Review is to be undertaken by Department of Finance staff, who will then report to the Minister for Finance by the end of the year.
The report will set out recommendations for Government consideration in relation to legislative, policy and administrative reforms to the LAA.
Finance said it would consider relevant international and Australian best practice and be informed by public consultation through submissions from interested parties.
It has produced a discussion paper that summarises the key aspects of the LAA and its administration and asks questions to prompt discussion on reform options.
It said the questions contained in the discussion paper did not reflect Government decisions, or were they guaranteed to form part of any recommendations for reform.
It also said changes to the legislation would not be retrospectively applied.
“Any acquisition processes that commence before legislative changes occur will continue to fall under the existing LAA provisions,” it said.
“This will provide certainty for claimants, acquiring authorities and other persons involved in an acquisition process.”
The 16-page discussion paper can be accessed at this PS News link.
