Disclaimer: This article provides general information explaining complex legal concepts. Please contact Butler McDermott Lawyers for legal advice.
As South East Queensland readies for the 2032 Brisbane Olympic Games, new infrastructure projects and upgrades continue to be announced across the Sunshine Coast, Moreton Bay, and Brisbane regions. Those projects are often accompanied by compulsory land acquisitions. Have you received notice of a proposal to acquire your land, but want to object to that proposal?
There are strict time limits that apply after you receive formal notice of a proposed resumption – read on to find out how a law firm experienced in land acquisitions can assist.
You just received notice of a compulsory acquisition, what does it mean?
While information about a proposed project may be public knowledge long before council or the state government give formal notice of an intention to resume your property, the giving of a notice of intention to resume is the first formal step towards the compulsory acquisition of land.
In Queensland, the Acquisition of Land Act 1967 requires an authority intending to acquire land to serve a notice of intention to resume on any person who, to the authority’s knowledge, is entitled to claim compensation under the Act. That extends to any person who has an estate or interest in the land – for example, the owner or lessee of the property, a person having the benefit of an easement over the property, or even the owner of a lot in a community titles scheme where common property is to be acquired.
The notice is required to identify the extent of the land proposed to be taken, and the purpose for the resumption. Importantly, it is also required to identify the date by which any objection to the proposal to acquire your land is required to be submitted.
You don’t agree to your land being resumed, how do you object?
If an objection is submitted to the resuming authority as directed by the notice of intention to resume, the Acquisition of Land Act obliges that authority to consider the objections and whether the proposed resumption should proceed.
There are certain matters which are objections to a proposed resumption, and others that cannot be considered by the authority during the objection process – for example, matters which are only relevant to the compensation which would be paid if the resumption proceeds.
The Act also requires that, if you would like to be heard in person in support of your objection, you specify as much in your objection.
To ensure that your objection is as strong as possible, you should seek advice from our experienced team as soon as possible so that we can prepare your objection and appear with you at the objection hearing.
What happens after you object?
After considering your objection/s, the resuming authority may:
- Confirm that they intend to proceed with resumption as originally planned;
- Amended the notice of intention to resume to reduce the area of land proposed to be resumed; or
- Withdraw the notice of intention to resume entirely.
If your objections have been ignored or you are not satisfied with the authority’s reasons for proceeding, you should contact our lawyers to discuss your options to challenge the resumption, including writing to the Minister who is ultimately responsible for approving the proposed resumption.
If the resumption continues after your objection, you will retain the right to claim compensation for the compulsory acquisition of your land, including legal and valuation fees incurred in preparing your claim.
What are your next steps?
If in doubt, always seek advice from a lawyer experienced in compulsory acquisition matters. Land resumptions are a complex area of law, which is recognised in the Acquisition of Land Act requiring a government authority to compensate you for reasonable legal fees incurred in preparing your claim for compensation.
Our Sunshine Coast land resumption team, led by director Brent King and consultant Peter Boyce, are ready to discuss your rights and obligations with you and to prepare your objection, or to maximise the compensation received from the resuming authority.
