Government Land Access and Acquisitions

There are a number of projects on the go by Government owned companies (ARTC, Transgrid, EnergyCo). This acquisition process is guided by NSW State Legislation, and aims to be fair and transparent, however can be daunting if you are unprepared. Unfortunately, acquisitions under the Land Acquisition (Just Terms Compensation) Act 1991 (NSW) are difficult to prevent. 

The land acquisition process involves several key steps: 
1.    Identification of land by authority;
2.    Landowner notification of proposed acquisition; 
3.    Independent valuation of the land;
4.    Negotiation; 
5.    Compensation offer; and
6.    Agreement or compulsory acquisition;

Ideally, an agreement will be reached over steps 1-5. However, if the parties are unable to come to an agreement, the acquiring authority may proceed with a compulsory acquisition under relevant legislation. This can be harmful to the landowner, as the compulsory acquisition may result in the acquisition occurring on terms less favourable to the landowner and their interests. Regional Business Lawyers can assist you with this process, by providing valuable advice, ensuring you understand your rights, and negotiating fair compensation and protections for your land. 

It is important to note that private renewable energy companies do not have the right to acquire your land. Any agreement with them is entirely voluntary.

We can also assist with processes similar to this, such as requests from Private and Government entities for access to your land, or easements over your land.