08 June 2021
#Planning, Environment & Sustainability
The current Land Acquisition and Compensation Regulations 2010, due to expire on 22 June 2021, will be replaced by the new Land Acquisition and Compensation Regulations 2021 (Regulations) on 21 June 2021.
The Regulations replicate the previous regulations with some revisions.
There is no change to the existing exemption categories currently prescribed under the 2010 regulations. Pursuant to section 5 of the Land Acquisition and Compensation Act 1986 (Act), the land must be first reserved by or under a planning instrument for a public purpose before it is acquired, usually by applying a public acquisition overlay. However, section 5(2) of the Act creates exemptions for prescribed land. The current prescribed exemptions are replicated in the Regulations, specifically:
These prescribed exemptions have a significant impact on the operation of the Act, with 23 per cent of all compulsory acquisitions over the past decade being easements and around 50 per cent of the compulsory acquisitions of local councils falling into the category of minor road widening or deviations (therefore, exempt from requiring reservation before acquisition).
Standardised forms are provided in the Regulations. These forms are pro-forma notices that acquiring Authorities must complete, and statements of rights and obligations that are required to be given to affected landholders. The Regulations make the following updates to current forms:
The Regulations prescribe that loans for homeowners whose principal place of residence is compulsorily acquired can receive a loan up to $750,000 where they cannot find a similar interest in similar alternative land. Previously, the cap was $500,000. Note that these loans are very rare with only three granted in the last decade.
The Regulations continue to prescribe the fee for lodgement of notice of intention to acquire land at 4.4 fee units.
The Regulations will sunset in 2031.
Authors: Tess Kerridge & Christopher Watt
The information in this publication is of a general nature and is not intended to address the circumstances of any particular individual or entity. Although we endeavour to provide accurate and timely information, we do not guarantee that the information in this article is accurate at the date it is received or that it will continue to be accurate in the future.