Review of the Lands Acquisition Act 1989

It is over 30 years since the commencement of the Lands Acquisition Act 1989 (the LAA), the key legislation used by the Commonwealth to acquire and dispose of interests in land. Over time, complex land acquisition processes involving compensation payments to landholders have become more difficult to finalise. The Department of Finance (Finance) conducted a public review of the LAA (the Review) during 2020 and 2021 to look at how it could be improved to best support the Commonwealth and other interest holders into the future.

Outcomes of the Review

The LAA Review Report was published in August 2021.

The Review made 16 recommendations for targeted legislative, policy and administrative reforms to deliver a streamlined and more efficient Commonwealth lands acquisition framework. Implementation of the recommendations is in progress.

Changes to the legislation will not be retrospective

Changes to the legislation will not be retrospective. Any acquisition processes that commence before legislative changes occur will continue to fall under the existing LAA provisions. This will provide certainty for claimants, acquiring authorities and other persons involved in an acquisition process.

Submissions received

Submissions are now closed.

Publication of Submissions

Submissions have been made available on the Finance website, unless the submitter has indicated that they would like all or part of their submission to remain in confidence. Submissions made anonymously or under a pseudonym may also be published unless the submitter has indicated that they would like all or part of their submission to remain in confidence. Finance also reserves the right to not publish a submission or any part of a submission, including on the basis that Finance considers it does not meet the Terms of Reference.

Confidentiality

Authors of submissions were asked to provide clearly marked confidential material in a separate attachment to the submission or to provide instructions if their submission was to remain in confidence.

Finance endeavours to maintain confidentiality subject to our legal obligations, including under the Freedom of Information Act 1982.

Information required for submissions

Authors of submissions were asked to include the author's name, contact details, and, where appropriate, the organisation making the submission to assist Finance in contacting authors to clarify confidentiality or content, if required.

Submissions to the review were able to be made anonymously or under a pseudonym. In these circumstances Finance was not be able to contact authors to clarify their submission.

Information of third parties

Authors were asked to not include personal, legal or business information from third parties unless they had sought consent from the affected individuals. Finance may not consider information relating to third parties if their consent had not been provided with the submission.

Privacy Collection Notice

Consistent with the Privacy Act 1988, the Department of Finance collects, uses and discloses personal information provided in this form and the attached documents to facilitate the Review of the Lands Acquisition Act 1989. Personal information may be used to contact authors in relation to their submissions, and, unless otherwise agreed, may be published on the Department of Finance website. Personal information may be disclosed to other parties where it was agreed to or it is required or authorised by law. More information about how personal information is handled is available at Privacy Policy Summary page.