My land is being acquired

After an acquiring authority compulsorily acquires land, the Valuer-General generally determines the amount of compensation and the landowner is given a written compensation notice. Under the Land Acquisition (Just Terms Compensation) Act 1991, a person who has claimed compensation and is dissatisfied with the amount offered is generally able to lodge an objection with the Land and Environment Court within 90 days of receiving that notice, with the Court able to allow a late objection in limited circumstances. Because the right to object depends on a claim having been lodged, and a notice can arrive before any claim is made, it is worth confirming early that a claim is in place. Because the exact time limit and when it starts to run depend on the notices you have received, the position should be checked promptly against your specific documents.

Disadvantage resulting from relocation is a separate head of compensation for the non-financial disadvantage of being forced to move from your principal place of residence, distinct from the market value of the land. For acquisitions on or after 1 July 2026, the maximum amount is $101,151. The 2026 notice gives the unrounded figure of $101,150.81, and Schedule 1A to the Act requires it to be rounded up to the nearest dollar. The maximum is a ceiling, not an automatic payment: eligibility and the amount depend on the Act, the household's circumstances and the supporting evidence.

Reasonable professional costs incurred because of an acquisition, such as legal fees, valuation fees and certain other expert costs, may form part of disturbance compensation under the Just Terms Act, and acquiring authorities will sometimes contribute to or reimburse certain costs during the process. Separate rules about costs also apply to Land and Environment Court Class 3 proceedings if a compensation dispute proceeds to a hearing. What is recoverable, and on what basis, depends on the nature of the costs and the stage of the matter, so it is worth clarifying early. Costs of preparing an owner-initiated (hardship) application are an exception: they have been held not to be recoverable.

Yes, an acquiring authority can in some cases acquire only part of a parcel, for example a strip needed for a road or pipeline, rather than the whole site. Where this happens, compensation may take into account not only the market value of the part taken but also severance and injurious affection, being the reduction in value of the land you keep, which is often assessed using a 'before and after' valuation. In limited circumstances an owner may also be able to seek acquisition of the remaining land, so the available options should be reviewed against your particular situation.