TRANSPORT FOR NSW ACQUISITIONS
Compulsory acquisitions by Transport for NSW
Many road upgrades across NSW are delivered by Transport for NSW. If a project requires private land, Transport for NSW may need to acquire all or part of a property, create an easement, or take a temporary lease (construction lease) during construction. Compulsory acquisitions are carried out under the Land Acquisition (Just Terms Compensation) Act 1991 (NSW), known as the Just Terms Act.
Rely Legal practises exclusively in compulsory acquisitions and property law. We act for landowners, tenants and businesses affected by Transport for NSW projects, never for acquiring authorities.
Under the Just Terms Act, Transport for NSW is required to pay your reasonable legal and valuation costs. Rely Legal does not charge a gap fee, which means you will not be out of pocket.
Transport for NSW projects which may require compulsory acquisition of land
If your property is affected by one of these projects or another Transport for NSW acquisition, call Rely Legal for a free, no-obligation initial consultation.
Understanding the Compulsory Acquisition Process
Stage 1
The Just Terms Act encourages acquisitions by agreement, which means the acquiring authority will provide a minimum six-month negotiation period for both parties to agree on the terms of the acquisition.
The negotiation period provides affected landowners with time to understand the acquisition process, seek legal and valuation services, ask questions and raise concerns.
Stage 2
If an agreement is not reached within six months, the acquiring authority may start the process to compulsorily acquire your property. This process starts when the acquiring authority issues affected landowners with a Proposed Acquisition Notice (PAN).
A PAN is a legal notice advising that the acquiring authority will compulsorily acquire the property under the Just Terms Act after a certain period, usually 90 days.
A section 39 claim for compensation form needs to be submitted to the acquiring authority within 60 days of receiving the PAN.
Stage 3
If an agreement isn’t reached within the 90-day notice period, the acquiring authority will compulsorily acquire the property by publishing an Acquisition Notice in the NSW Government Gazette. The acquiring authority takes ownership of the property from the date the property is published in the NSW Government Gazette.
The Valuer General will then determine how much money the acquiring authority should pay you for the acquisition according to the Just Terms Act.
After the Valuer General determines the compensation, the acquiring authority will send you a Compensation Notice, including an offer of the amount they have determined. You can either accept the offer or lodge an appeal in the Land and Environment Court within 90 days of receiving the compensation notice if you object to the amount offered.
The Court will generally decide that a ‘without prejudice’ conference is held for the landowners and acquiring authority to try and agree on the compensation amount. If an agreement is not reached, the dispute will proceed to a hearing.
FREQUENTLY ASKED QUESTIONS
Will I have to pay legal fees if Transport for NSW acquires my land?
No. Under the Just Terms Act, Transport for NSW is required to pay your reasonable legal and valuation costs. Rely Legal does not charge a gap fee, which means you will not be out of pocket for retaining us.
Can Transport for NSW force me to sell my land?
Yes, in certain circumstances. Transport for NSW can compulsorily acquire land for an authorised public purpose, such as a road upgrade, but must follow the process in the Just Terms Act and pay compensation.
What is a Proposed Acquisition Notice (PAN)?
A Proposed Acquisition Notice (PAN) is a formal notice that Transport for NSW intends to compulsorily acquire your land after a certain period, usually 90 days. A section 39 claim for compensation form needs to be submitted within 60 days of receiving the PAN. As strict time limits apply, contact Rely Legal as soon as you receive a PAN.
Can Transport for NSW take part of my land?
Yes. In a partial acquisition, compensation is not limited to the value of the strip or portion taken. Under the Just Terms Act you may be entitled to compensation covering:
- Market value: the market value of the land acquired;
- Special value: the financial value of any advantage the land has to you (beyond market value) that is incidental to your use of the land;
- Severance: the loss in market value of the land you keep, caused by it being separated from the acquired portion. Common examples include an awkwardly shaped residue and loss of access;
- Increase or decrease in value: any increase or decrease in the value of the land which adjoins or is severed from the acquired land; and
- Disturbance: reasonable costs incurred as a result of the compulsory acquisition, including legal fees and valuation fees.
Partial acquisitions can be complex, and small differences in how a claim is presented can significantly affect the compensation you ultimately receive.
Receiving advice from an experienced compulsory acquisition lawyer can make a real difference. Rely Legal can help you understand your rights and secure the full compensation you are entitled to.
Am I entitled to compensation if Transport for NSW takes a temporary lease (construction lease) over part of my land?
Yes. If your property is subject to a temporary lease, you may be entitled to compensation for loss of use of the land during the lease period and reinstatement of the land to its prior condition. Rely Legal can advise you on your entitlements and negotiate with Transport for NSW on your behalf.
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