Land and Environment Court > Types of cases > Class 3: valuation, compensation and Aboriginal land claim cases > Process for making claims for compensation for compulsory acquisition of land

Compensation for compulsory acquisition: when can the claim be made?

The laws giving the right to appeal to the Court specify the time period within which the application needs to be made. 

Claims under the Just Terms Act

Under the Land Acquisition (Just Terms Compensation) Act 1991 (the Just Terms Act), an objection to the amount of compensation offered by the acquiring authority must be lodged with the Court within 90 days of receiving a compensation notice (s 66(1) of the Just Terms Act). The Court may be able to hear an objection lodged after the 90 day period if it is satisfied that there is good cause for the person’s failure to lodge the objection within that period (s 66(3) of the Just Terms Act).

Similarly, an appeal against the rejection of a person’s claim for compensation must be lodged within 90 days after the rejection of the claim (s 67(2) of the Just Terms Act) but the Court may be able to hear an objection lodged after the 90 day period if it is satisfied that there is good cause for the person’s failure to lodge the appeal within that period (s 67(4) of the Just Terms Act).

Claims under the Roads Act

An appeal against rejection of a person’s claim of interest under the Roads Act 1993 is to be lodged within 28 days after the date on which the claim was rejected (s 188(2) of the Roads Act 1993). An application to the Court for determination of compensation under the Roads Act 1993 is to be made within 12 weeks after service of the notice to interest holders (s 193(1) of the Roads Act).

 

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