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Lands Acquisition
Compulsory Acquisitions
The Commonwealth is able to compulsorily acquire land or an interest in land anywhere in Australia for public purposes. The Commonwealth can also obtain property by negotiated agreement. An owner who is willing to sell can ask to have the land acquired by the compulsory process to be assured of the protection of the Act when this process is followed.
The compulsory process
The Commonwealth gives landowners, and other affected persons, a document which states that it is considering acquiring land for a public purpose. This document, known as a pre-acquisition declaration:
- names the authority which wants to acquire the land;
- describes the land in detail;
- states the public purpose for which it is to be used; and
- explains why the land is considered suitable for the purpose.
The property owner receives a copy of the pre-acquisition declaration; a sketch of the land; and a statement explaining the owner's rights. A copy of the declaration is published in the Commonwealth Gazette and in a local paper.
The property owner can ask the Commonwealth to reconsider the decision to acquire. The Minister for Finance and Deregulation will then reconsider the matter and reach a decision:
- confirming the original decision to proceed with acquisition;
- revoking the declaration – that is deciding not to proceed with the acquisition; or
- varying the decision.
If the owner is still dissatisfied, the Administrative Appeals Tribunal can be asked to review the matter. While the Tribunal cannot question the merits of the Government policy behind the proposal to acquire the land, it can examine other relevant matters.
Following its review, the Tribunal will recommend a particular action to the Minister.
The Commonwealth must alert the market place that it is considering acquiring land by lodging details of the pre-acquisition declaration with the relevant titles office.
The property owner must inform any other prospective buyer that the Commonwealth intends to acquire the property.
Next stages
The Commonwealth publishes another document declaring that the land has been acquired. This is published in the Commonwealth Gazette and in a local paper. The property owner is given a copy, and a notice advising that he or she can claim compensation.
If the Commonwealth does not issue an acquisition declaration within 28 days of completing the pre-acquisition procedures, the property owner is entitled to ask the Minister for the property to be acquired. If the property is not acquired the property owner is entitled to be compensated for any loss caused because of the pre-acquisition declaration.
The property holder can generally continue to stay on the land for at least 6 months after it is acquired. Terms or conditions (including rent) are normally worked out between the property holder and the Commonwealth.
If the Commonwealth needs possession urgently it must give the property owner a notice stating why this is so, and setting a final date to vacate the property.
The property holder can claim compensation from the Commonwealth as soon as the land has been acquired. The basic principle is that the amount of compensation should be just. Please click on Compensation in the header above for further details.
Last Updated 14 February 2008 |
