Local Councils have a range of roles and responsibilities in their communities, including the provision of facilities and the supply of public services. Councils will sometimes be required to ‘acquire’ land to achieve its roles and responsibilities.
Council may need to acquire privately owned land or an interest in the land for a variety of public interest purposes, such as developing or upgrading public infrastructure. Council may acquire the whole of a property, part of a property, or an interest in a property, such as a lease for a construction site or a right to run power, road widening, public car park and storm water infrastructure for examples. The body acquiring the land is commonly called the “acquiring authority”.
In general, when an acquiring authority acquires privately owned land, it will need to comply with the Land Acquisition (Just Terms Compensation) Act 1991. This Act sets out the steps that must be undertaken by acquiring authorities to acquire land and the matters to be considered in determining the amount of compensation to be paid to a land owner. This guide provides information about the land acquisition process, including general guidance about the rights and responsibilities of acquiring authorities and land owners and the role of the Valuer General. The guide is not intended to provide legal advice and land owners should seek their own legal advice.
More detailed information on the role of the Valuer General in the land acquisition process may be obtained by visiting the Valuer General website.
Land Acquisition Guide
Download the Land Acquisition Guide to find out more information including:
- who acquires privately owned land
- how privately owned land is acquired
- what happens if you are affected by property acquisition
- how the formal acquisition process starts, and more.
Property Acquisition by Agreement Process - what to expect