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 1979. These laws specify who has rights to apply to the Court.
The Land Acquisition (Just Terms Compensation) Act 1991 states that:
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).
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).