A property holder can claim compensation from the Commonwealth as soon as the land has been acquired by compulsory process. (To find out more about this read Compulsory Acquisitions.) The basic principle is that the amount of compensation should be just.
Specific factors to be considered in assessing compensation include:
- the market value of the property acquired;
- special value to the owner;
- if only part of the property is acquired - whether the value of the remainder is reduced;
- disturbance costs - losses and reasonable expenses directly resulting from the acquisition, for example, removal expenses and resettlement costs;
- reasonable legal or professional costs - such as to help the property owner understand the acquisition procedures or to provide documents required by the Commonwealth.
Further information about other compensation matters.
See also the guidance notes for completing a claim for compensation:
- Section 48 Notice [ 68 KB]
Forms relating to compensation can be accessed by clicking on them below:
Section 67 - Claims for Compensation for Compulsory Acquisition of an Interest in Land [63 KB] - entitlement to compensation in respect of compulsory acquisition of an interest in land pursuant to section 41 of the LAA.
Section 97 - Compensation Claim Form [ 32 KB] - entitlement to compensation for loss suffered as a direct result of Commonwealth activity on one's land prior to actual acquisition.