Anzac Oval compulsory acquisition would be a first

2592 Robyn Lambley (ABC pic) OKBy ERWIN CHLANDA

 

If the Gunner government compulsorily acquired Anzac Oval it would be a first.

 

“There are no known records of Northern Territory Government compulsory acquisition of land owned by a NT Local Government Authority,” MLA for Araluen Robyn Lambley (at right, ABC photo) was told by the Minister for Infrastructure, Planning and Logistics, Eva Lawler.

 

p2047rexmooney-SMMeanwhile Town Council CEO Rex Mooney (at left) says advice from council’s in-house solicitor, Chris Turner,  is that the NT Government can compulsory acquire Anzac Oval but “just terms compensation” is required.

 

Local Government Minister Gerry McCarthy, when asked by the Alice Springs News Online on September 12, would not confirm nor deny that his government would move to compulsory acquisition of the oval owned by the council.

 

But the government has stated in a newspaper advertisement last Friday that the Aboriginal art gallery is going to be built in the Anzac precinct and the oval part of that project, despite a clear majority of the population in a council poll being against it.

 

Mrs Lambley asked Ms Lawler: What is the process to compulsory acquire land owned by a NT local Government authority?

 

Ms Lawler replied: “The process for compulsory acquisition of any interest in land in the Northern Territory (with the exception of prescribed land and land granted under the Commonwealth Aboriginal Land Rights Act) is the same regardless of the land owner.

 

“The process is set out in the Land Acquisitions Act” and she provided the link.

 

The Land Acquisition Act says “prescribed land means land granted to, and held by, an incorporated association   within the meaning of the Associations Act or an Aboriginal association within the meaning of the Aboriginal   Councils and Associations Act 1976 of the Commonwealth as a community living area for Aboriginals, having  been excised (by agreement or otherwise) for that purpose from a pastoral lease within the meaning of the   Pastoral Land Act or a Crown lease of another kind”.

 

 

 

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3 Comments (starting with the most recent)

NB: If you want to reply to a previous comment, start your comment with this notation: @n where n is the number of the comment you want to reply to.
  1. John
    Posted October 23, 2018 at 10:35 pm

    Where was this town when town camps had been threatened with compulsory acquisition?

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  2. Evelyne Roullet
    Posted October 23, 2018 at 10:33 am

    Government sometimes need to acquire privately held land to provide services and community facilities such as parks, schools, hospitals and roads. But it must have a valid reason to do so.
    The Acquisition of Land Act 1967 (the Act) enables “constructing authorities” to acquire land for public purposes. Constructing authorities (also called acquiring or resuming authorities) include government agencies, local governments and some state-owned corporations.
    The Department of Natural Resources, Mines and Energy is the constructing authority for most government departments and acquires land for purposes such as schools and hospitals.
    The Department of Transport and Main Roads can acquire land for transport infrastructure purposes to provide a better and safer transport network.
    What are the real reasons for this acquisition as there are other and better sites for the project?
    Economics? Nothing has really been proven. It is only a fairy tale projection. Would the community benefits from this?
    Declaration that land is suitable for acquisition:-
    (1) The Minister may declare in writing that the Minister is considering the acquisition by an acquiring authority of an interest in land (other than a mortgage interest) for a public purpose.
    (2) The declaration shall identify the acquiring authority, the land, the interest in the land and the public purpose.
    (3) Except where the interest is a restriction on the use of land, the Minister shall include in the declaration:
    (a) a statement that the land appears to the Minister to be suitable for use, or for development for use, for a public purpose; and
    (b) a statement setting out:
    (i) particulars of the use to which the land will be put or for which it will be developed; and
    (ii) the reasons why the land appears to be suitable for that use or for development for that use.

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  3. Kenneth
    Posted October 23, 2018 at 6:21 am

    Trust me.
    “I’m from the Government and I’m here to help you.”
    My name is Dale.

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