Senator the Hon. Mathias Cormann
Minister for Finance
Leader of the Government in the Senate
Senator for Western Australia
Date: Monday, 13 January 2020
The Government is undertaking a review of the Lands Acquisition Act 1989 (the Act) to ensure it reflects modern community expectations and is in line with current public administration practices.
Public consultation will inform the Review and we invite feedback from interested parties.
The Act has now been in operation for 30 years without substantive change.
Since it was established, governments have increasingly recognised the potential impact on interest holders of acquisition processes and invested in administrative improvements to reduce this impact.
Processes for making and agreeing a compensation claim for a compulsory acquisition can be complex. Some claims are resolved quickly, while others take a long time.
Some state and territory governments have modernised their respective property acquisition legislation to ensure that their approaches remain fit for purpose.
The Review will consider reforms made by state and territory governments and refine the Commonwealth’s approach.
Any changes to the legislation as a result of the Review will not be retrospective.
Acquisition processes that commence before legislative changes occur will continue to fall under the existing provisions of the Act. This will provide certainty for claimants, acquiring authorities and other persons involved in an acquisition process.
Public consultation will ensure views are taken into account and community expectations are understood, noting these may have changed since the Act was introduced.
The Department of Finance has released a discussion paper to seek views on matters relating to the Act and welcomes submissions.
Further details on the consultation process, including how to provide feedback, can be found on the Review website at: https://www.finance.gov.au/publications/reviews/review-lands-acquisition-act-1989