NSW review into land acquisition is underway
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For the last 30 years, the Land Acquisition (Just Terms Compensation) Act 1991 has governed how NSW government agencies acquire private land for public works projects.
Now, the state government has opened public consultations for the Land Acquisition Review, a review led by the Department of Planning, Housing and Infrastructure that follows a joint parliamentary inquiry into land acquisition for major transport projects.
According to the government, key issues to be reviewed include: improving consistency in government processes, ensuring “genuine negotiations and outcomes”, clarifying compensation, and potential legislative amendments.
“The review will consider potential legislative changes and improvements to acquisition processes to strike the right balance between the rights of landowners and the benefits of essential public infrastructure such as trains, roads and renewable energy projects.”
Steve Kamper, Minister for Lands and Property, stated: “Compulsory acquisitions are necessary at times to allow state infrastructure and other public projects to proceed for the benefit of the wider community, such as schools, roads, water and electricity infrastructure projects.”
“However, there are opportunities to improve processes which are being explored by this review to help landowners negotiate more effectively on their compensation,” Kamper said.
The minister shared that the Land Acquisition Review hopes to “put people in the best position to understand their legal rights and ensure there are consistent and transparent acquisition processes across government”.
Eight “options for reform” themes are listed on the government’s discussion paper: genuine negotiation, mediation, clarify compensation provisions, hardship, NSW Valuer General determinations, legislative amendments to clarify requirements, coordination of multiagency acquisitions, and consistency in government acquisition processes.
Public consultations will be open from 22 March to 3 May 2024, and will take place in seven major urban and regional hubs.
In-person consultations will take place in Parramatta, Nowra, Singleton, Armidale, Dubbo, Coffs Harbour and Wagga Wagga. Two online sessions will also take place in April this year.
The NSW government stated it encourages “all interested stakeholders to respond to the discussion paper and provide suggestions for improvements”.
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