What is Compulsory Acquisition?
Compulsory acquisition is a statutory process under the Land Acquisition (Just Terms Compensation) Act 1991. The Act sets out the process that Government must follow when it is necessary to acquire property using a compulsory process. The statutory process also provides the means for resolving disputes about the amount of compensation that is payable to you.
How will I be notified about my property being compulsorily acquired?
The first step in the compulsory process is for the Acquiring Agency to issue a Proposed Acquisition Notice in relation to the proposed compulsory acquisition of the property.
This formal notice will state the Acquiring Agency’s intention to acquire the property after a certain time period. The period is usually 90 days, however, a shorter period of time can be agreed to by you, or be approved by the Minister in certain circumstances.
Can discussions about compensation continue after a Proposed Acquisition Notice has been issued?
Yes. Discussions can continue up until the publishing of the Acquisition Notice in the NSW Government Gazette.
What happens at the end of the Proposed Acquisition Notice period?
If contracts for purchase have not been exchanged within the notice period, an Acquisition Notice is published in the NSW Government Gazette. This is referred to as the property being ‘gazetted’. This process occurs in the following steps:
- the notice is published within 120 days of the issue of the Proposed Acquisition Notice (although a longer period can be agreed to in writing between you and the Acquiring Agency)
- an extract of the Acquisition Notice will be published in a local newspaper
- the Acquiring Agency officially owns the land from the date of publication of the Acquisition Notice in the NSW Government Gazette
- your legal and equitable interests in the property are converted to an entitlement to compensation.