Have you ever walked past Commonwealth Government land and
noticed a sign warning you to keep off the land otherwise
you'll be trespassing? Well, you might be interested to know
the source of this regulation and its reach.
In the Commonwealth Constitution, the Federal Parliament is
given exclusive power to make laws with respect to all land
acquired by the Commonwealth for public purposes1.
For State government authorities and local councils engaged in
compulsory acquisitions, this has important consequences because it
prevents them from acquiring Commonwealth land. The grant of
exclusive power to the Federal Parliament leaves no room for State
laws.
State government authorities and councils wishing to acquire
Commonwealth land for sewerage infrastructure, electricity
services, roads, and parkland need to reach agreement with the
Commonwealth or look elsewhere.
