Lands Acquisition Delegation 2013 (No. 2)
Guidance Material for Statement of Form
1. Name of acquiring authority.
2. The acquiring agency’s file reference for the transaction.
3. Name and contact details of delegate.
4. Description of power exercised (eg ‘authorisation of an acquisition by
agreement of an interest in land under section 40(1) of the LAA’).
5. Date power exercised (note: this Statement is required to be provided no later
than 14 days after the delegate exercises power to acquire or to dispose of an
interest in land).
6. Nature of the interest in land (to be) acquired (note: refer to section 6 of the
LAA for the meaning of ‘interest in relation to land’ and to section 17 of the
LAA for a description of the nature of the interests in land that may be acquired
under the LAA).
7. Locality of the interest (eg, Federal electorate, registered title details and street
address).
8. In relation to the exercise of power under section 40(1) of the LAA,
confirmation that:
i.
the interest in land does not relate to land in a public park (see section 6
of the LAA for the meaning of the expression ‘public park’); and
ii.
the interest to be acquired is available in the market (see section 40(5)
for the meaning of the expression ‘available in the market’).
9. In relation to the exercise of power under section 119(1) of the LAA,
confirmation that the disposal of an interest in land will not be by means of the
grant of a leasehold interest that may exceed a period of 22 years in duration.
10. Name and contact details for all other parties involved in the transaction.
11. In relation to the exercise of power by the delegate, confirmation that the
acquisition of, or the disposal of, an interest in land is in relation to land that is
within the ambit of the administrative responsibilities of the acquiring authority
in which the delegate’s position is located.
Lands Acquisition Delegation 2013 (No. 2)
12. In relation to the exercise of power by the delegate, confirmation that the
delegate has had regard to the ‘Commonwealth Property Management
Framework’, including associated guidance material, interacting legislation and
policies (including the Commonwealth Property Disposals Policy) as relevant
to the decision to acquire, or to dispose of, the interest in land.
Lands Acquisition Delegation 2013 (No. 2)
LANDS ACQUISITION ACT 1989
CHECKLIST FOR DELEGATES CONSIDERING PROPERTY ACQUISITION
(INCLUDING LEASE) SUBMISSIONS
1. Does the submission identify the acquiring authority?
Yes / No
The LAA Act only authorises acquisitions by the Commonwealth or a Commonwealth
Authority.
2. Does the submission:




Yes / No
identify the land or premises with precision?
identify the interest being acquired?
identify the price, cost, or rent?
identify the duration and the start date (if a lease or a licence)?
Leases exceeding 22 years can only be authorised by a delegate within Finance.
3. Are you satisfied from the submission that there is a valid public
purpose?
Yes / No
 ie a purpose authorised by section 51 of the Constitution?
The LAA Act only authorises the Commonwealth to acquire land for purposes in respect
of which the (Commonwealth) Parliament has power to make laws.
4. Are you satisfied from the submission that the interest is available
in the market:
Yes / No
 was it advertised as available for sale or lease?
 was it listed with a real estate agent or similar person?
 was it offered in response to a public advertisement?
If the answer to all these questions is "no" then you will need to consider whether it can
be regarded as a standard commercial transaction - ie one between parties of equal
bargaining strength.
You will normally only be able to reach this conclusion if, either:
 the owner of the interest is a Government agency (Federal, State or Local), or a
major corporation, which could be expected to have ready access to sources of
legal and other professional advice as a matter of course; or
 the proposal is a minor lease or licence, and the acquiring authority has obtained a
Letter of Offer.
Does the proposal satisfy this criterion?
Yes / No
If the answer is yes, the delegate within Finance may authorise the
transaction under subsection 40(6) of the LAA.
If the answer to all the above questions is "no" then there will be a need for a Preacquisition Declaration (PAD) to have been issued and become absolute.
5. Are you satisfied from the submission that the interest is not part
of a public park?
If the land is in a public park, then the interest can only be acquired by compulsory
process and with the personal authorisation of the Minister.
Lands Acquisition Delegation 2013 (No. 2)
Yes / No
LANDS ACQUISITION ACT 1989
CHECKLIST FOR DELEGATES CONSIDERING PROPERTY DISPOSAL
(INCLUDING REVENUE LEASE) SUBMISSIONS.
1. Are you satisfied from the submission that there is no former
owner entitlement, ie:
Yes / No
 was the land acquired by compulsory process?
 was it acquired within the last seven years?
 have substantial improvements been made to it in the meantime?
If it is proposed to dispose (outright) of land within seven years of its acquisition by
compulsory process then, unless substantial improvements have been made to it in the
meantime, the Act requires that it be offered back to the former owner at its market
value. This does not apply if it is only proposed to grant some lesser interest (eg a lease,
licence or easement).
2. Does the submission:
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


Yes / No
identify the land or premises with precision?
identify the interest being divested?
identify the price, cost, or rent?
identify the duration and the start date (if a lease or a licence)?
You need to know what it is you are authorising.
3. Are you satisfied from the submission that the property has no
characteristics that would attract the operation of the :
Yes / No
 Australian Heritage Council Act 2003
 Environment Protection and Biodiversity Conservation Act 1999
4. If the property does have National Estate, heritage, or significant
environmentally sensitive characteristics, are you satisfied that:
 adequate measures are in place to protect them?
 such measures have been agreed with the Department of the
Environment?
Yes / No
5. Are you satisfied from the submission that:
 the divestment is at full market value for the interest?
 it follows an appropriate process of open and effective competition?
Yes / No
The Commonwealth Property Disposals Policy provides that priority sales (those direct
to purchasers without competition) and concessional sales (those at less than full open
market value) must be approved by the Minister for Finance.
Lands Acquisition Delegation 2013 (No. 2)