Compulsory Acquisition / Resumption Notice Response and Compensation Claim

Issuing authority

Federal: Department of Finance (Lands Acquisition Act 1989); VIC: Victorian Housing Building Authority / acquiring authority (Land Acquisition and Compensation Act 1986); QLD: Office of the Coordinator-General (Acquisition of Land Act 1967); WA, SA, NSW, TAS: state acquiring authorities

Official source

How to apply

1. Receive and carefully read the formal Notice of Intention to Acquire (NIA) or Resumption Notice issued by the acquiring authority — note the objection window (typically 30 days in QLD, at least 2 months notice in VIC before acquisition)
2. If you wish to object to the acquisition itself (grounds are usually limited — compensation is not a valid objection ground in QLD), lodge a written objection within the stated period
3. Engage a registered land valuer and/or solicitor to advise you — under most state Acts and the federal Act, the acquiring authority must reimburse reasonable professional fees
4. Complete the Compensation Claim Form provided with the resumption notice (QLD) or the Section 67 Claim for Compensation form (federal); state equivalent forms are provided by the acquiring authority — include the land value you claim, severance damages, disturbance costs, and business losses
5. Lodge the completed claim form with the relevant body: Department of Finance (federal), Office of the Coordinator-General (QLD), or the acquiring authority or VCAT/Supreme Court referral (VIC) within the statutory time limit (3 years from gazette notice in QLD; no time limit until 'taking' in VIC)
6. Participate in a negotiation or conference with the acquiring authority to attempt to reach agreement on the compensation amount
7. If agreement cannot be reached, apply to the relevant tribunal or court: VCAT or Supreme Court (VIC), Land Court (QLD), Federal Court (federal)

Related topics

Related forms

• Swimming Pool Safety Certificate / Pool Barrier Compliance Certificate (QLD Form 23 / NSW + VIC council pool inspection)Form 23 (QLD); Form 36 (QLD — Notice of No Pool Safety Certificate)
• VIC Vendor Statement (Section 32) — Sale of Land Act 1962Section 32 (Sale of Land Act 1962)
• Transfer of Land / Transfer of Real Property — Electronic Lodgement via PEXA (All States)VIC: Transfer of Land (Transfer of Land Act 1958); NSW: Transfer (Conveyancing Act 1919); QLD: Transfer (Land Title Act 1994) — all lodged electronically via PEXA or Sympli
• Discharge of Mortgage05DM (NSW paper form; all states now primarily electronic via PEXA)
• Priority Notice (Lodgement of Interest)No paper form number — electronic only via PEXA/Sympli; QLD extension form: PNE