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Compulsory Land Acquisition and Resumption: Understanding the Impact of Borumba Pumped Hydro Transmission Line Connection on Your Property

If you are a property owner within the proposed area for the Borumba Pumped Hydro Transmission Line Connection, you may have recently received correspondence from the Queensland Electricity Transmission Corporation Limited (Powerlink), indicating that your land may fall within the final construction corridor. Understanding what this means for you and your property is crucial, as it could have significant implications.

What Does Being Within the Final Construction Corridor Mean?

The initial mapping suggests that the corridor, which is currently identified to be 1 kilometre wide, encapsulates your property. In the detailed design phase, this corridor is likely to be narrowed. Should your property still fall within the confined corridor after the narrowing process, Powerlink may move to acquire an easement over your land. This is a legal right that allows them to use or cross your property for power transmission purposes.

Easement Acquisition: Compulsory vs. Agreement

It’s important to know that Powerlink could approach you with the prospect of voluntary easement acquisition — they may propose an agreement that compensates you for granting the easement before any compulsory acquisition. Along with the legislated compensation, you may be offered an additional ‘incentive’ payment. However, entering this agreement would mean waiving your right to object to the easement.

Your Rights and Compensation

Property owners are often concerned about compulsory acquisition and the legal complexities it entails. Such matters not only affect the value of your property but can also impact your lifestyle and future property plans.

It’s your right to understand every aspect of what an easement could mean for you — including the acquisition process, potential impacts, and the compensation you might be entitled to. Many property owners are unaware that they can negotiate the terms of access to their property as well as the amount of compensation.

Expert Legal Support is Key

The legality surrounding land acquisition is intricate, and it’s advisable to seek advice from experts like Butler McDermott Lawyers. Butler McDermott Lawyers have a background in dealing with compulsory acquisition matters, such as those associated with the Traveston Dam and other significant infrastructure projects, and can provide you with the comprehension and guidance you need.

Whether it’s assistance with the negotiations or understanding the overall impact on your property, Butler McDermott Lawyers can act as invaluable partners navigating through such substantial developments.

Next Steps

If you have been affected by the proposed Borumba Pumped Hydro Transmission Line Connection, it is essential to obtain accurate information and reliable advice. Educating yourself on your rights can lead to better outcomes. If you wish to discuss specifics or need more general advice on the acquisition process, contact Butler McDermott Lawyers who are experienced in these kinds of proceedings.

This development represents a considerable change and might disrupt your future plans. However, with the right guidance and approach, you can ensure that your interests are adequately represented and compensated during this pivotal process.

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Simone Faunt

Solicitor

Peter Boyce

Consultant

Peter has been practising as a Nambour Solicitor since 1977 and joined Butler McDermott Lawyers the same year.

With over 40 years practicing as a Sunshine Coast lawyer, Peter has extensive knowledge of various facets of law.

He has practised in all areas of litigation and has special interests in:

  • Criminal law
  • Civil and Commercial litigation
  • Retirement Village matters
  • Sports law
  • Resumption of land and compensation claims

 

Peter has specialised knowledge of and experience with resumption matters as a result of the Traveston Dam project, road corridors, Main Roads and water pipeline. He is renowned for his professional approach and is an experienced and determined advocate.

Brent King

Solicitor/Director

Brent works as a litigation lawyer, providing litigation legal advice in relation to both civil and criminal law matters, including:
  • Defamation Claims
  • Contract and Debt Disputes
  • Building and Construction Disputes
  • Planning Matters
  • Criminal Law and Traffic Legal Matters
Having grown up on the Sunshine Coast and joining Butler McDermott after the completion of his studies, Brent appreciates the needs of our clients, and brings a particularly commercial approach to litigation. Brent is a member of the Queensland Law Society and the Sunshine Coast Law Association, and has litigated a wide variety of matters in the Magistrates, District and Supreme Courts.

Al Upton

Solicitor/Director

After arriving at Butler McDermott Lawyers in 2016, Al quickly progressed to running our Wills and Estates section and has successfully litigated disputes in the Supreme and District Courts of Queensland in the early stages of his career.

In the years that followed Al has now moved to assist our clients with commercial and property matters having achieved positive outcomes in that area as well as general litigation. Al’s experience has him uniquely placed to provide quality advice in the areas of property, commercial, wills and estates and general litigation.

Al is involved in giving back to the community, sitting on the board for the Daniel Morcombe Foundation and Sundale Community Foundation. He otherwise became a director of Butler McDermott Lawyers in November 2021.