Can the Australian Government take possession of any land in Australia through compulsory acquisition?
Commonwealth of Australia Constitution Act, 1900: Original Public Record Copy (1900).
Parliament House Art Collection, Art Services Parliament House
Commonwealth of Australia Constitution Act, 1900: Original Public Record Copy (1900).
Parliament House Art Collection, Art Services Parliament House
Description
This image shows the front page of the original public record copy of the Commonwealth of Australia Constitution Act 1900.
Permission for publication must be sought from Parliament House Art Collection. Contact DPS Art Services, phone: 02 62775034 or 02 62775123
Thank you for your complex question!
As this is a complex topic, you may wish to do your own further research into constitutional law. Below is a brief introduction to how this is covered in the Australian Constitution.
Section 51 (xxxi) gives the Australian Government the power to compulsorily acquire privately owned land to use for projects that are within the Parliament’s areas of responsibility. Examples of this include the development of public works and infrastructure such as a meteorological station or seat of government. The Parliament is not able to compulsorily acquire land for reasons outside of the areas covered by the Australian Constitution.
An examination of this section of the Australian Constitution was the subject of the 1997 film The Castle.