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

Who can make a claim for compensation?

Claims for compensation may be made in accordance with the Land Acquisition (Just Terms Compensation) Act 1991 (the Just Terms Act), Roads Act 1993 (the Roads Act) or any other Act (see s 24(1) of the Land and Environment Court Act 1979These laws specify who has rights to apply to the Court. 

Claims under the Just Terms Act

The Land Acquisition (Just Terms Compensation) Act 1991 states that:

  • a person who has claimed compensation but is dissatisfied with the amount of compensation offered by the authority which acquired an interest in the person’s land, may lodge with the Land and Environment Court an objection to the amount of compensation offered (see s 66(1) of the Land Acquisition (Just Terms Compensation) Act 1991)
  • a person who has not been given a compensation notice and whose claim for compensation has been rejected, may appeal to the Land and Environment Court against the rejection of the claim (see s 67(1) of the Just Land Acquisition (Just Terms Compensation) Act 1991 ).

Claims under the Roads Act

The Roads Act 1993 provides for the acquisition of land on application by private individuals. Persons whose land is so acquired may appeal to the Land and Environment Court against a rejection of the person’s claim of an interest in the land (s 188(1) of the Roads Act 1993). The claimant for compensation, applicant for acquisition or the Minister may apply to the Court to determine the compensation to be provided (s 193(1) of the Roads Act 1993).

Power to join other claimants

The Court also has power, in hearing and disposing of proceedings involving claims for compensation, to order any other person who claims to have had or who may have an interest in the land acquired, to be joined as a party to the proceedings (see s 25(2) of the Land and Environment Court Act).

 

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