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The Department of Planning, Lands and Heritage administers a number of forms in relation to Crown land administration and management, which are approved by the Director General under section 278 of the Land Administration Act 1997 (LAA). There are different type of forms for different purposes, and some of the forms that might be relevant to the public are published below. Landgate, which maintains the State's official register of land ownership will not accept any other forms involving Crown land than those approved by the Director General of the Department of Planning, Lands and Heritage under s278 of the LAA.
Some government agencies have the power to compulsorily acquire and take land or interests in land (Compulsory Acquisition) under their own enabling legislation in accordance with Parts 9 & 10 of the LAA. Other government agencies have the power of Compulsory Acquisition under a delegation under section 159 of the LAA of the Minister for Lands' powers under Parts 9 & 10 of the LAA.
These agencies are:
Building Management & Works
Public Utilities Office
Two of the forms that are needed in the process of Compulsory Acquisition are a Notice of Intention to Take Interests in Land (NOITT) and a Taking Order. There are different types of NOITTs and Taking Orders for different situations. More information about these forms and changes that have been made to them can be obtained by outside agencies who have the power of compulsory acquisition from the Department of Planning, Lands and Heritage by emailing email@example.com
Listed below are details of the NOITTs and Taking Orders that will most commonly be required by agencies with the power of compulsory acquisition.
Main Roads has the power to acquire land to declare roads and highways. LAA Form 1046 allows Main Roads to lodge dedication orders directly at Landgate under delegations from the Minister for Lands, where private land has been acquired for road purposes.
Energy Operators, such as Western Power, also have the power to compulsorily acquire land and interests in land under their own enabling legislation, Energy Operators (Powers) Act 1979 (EOPA) in accordance with Parts 9 & 10 of the LAA. There are tailor made NOITT and Taking Order forms for use where an Energy Operator wishes to compulsorily acquire private land or interests in private land which have been approved by the Director General of the Department of Planning, Lands and Heritage. Listed below are details of the NOITT and Taking Order forms that may be used by Energy Operators when exercising their powers of compulsory acquisition under the EOPA and LAA:
Notices of Intention to Take (Sections 170 and 171 of the LAA and Section 45 of the EOPA)
LAA Form 1166 – Notice of Intention to Take – section 170 LAA and s45 EOPA (Registration Form)
LAA Form 1167 – Notice of Intention to Take Interests in Land for a Public Work – sections 161 & 170 LAA and section 45 EOPA
Taking Orders (sections 177 and 178 LAA and s45 EOPA)
LAA Form 1168 – Taking Order – Section 177 and Section 45 EOPA - (Registration Form)
LAA Form 1169 – Taking Order – Taking of Interests in Land for a Public Work – Sections 177 and 178 LAA and Section 45 EOPA
LAA Form 1170 – Taking Order – Taking of land for a Public Work – Sections 177 and 178 LAA and s45 EOPA.
If you have any queries in relation to any of the forms or their use please contact firstname.lastname@example.org or our customer inquiry team on 6552 4400.
Department of Lands
ABN 68 565 723 484