New South Wales Consolidated Acts

LAND ACQUISITION (JUST TERMS COMPENSATION) ACT 1991

- As at 5 July 2024 
- Act 22 of 1991 

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Name of Act
   2.      Commencement
   3.      Objects of Act
   4.      Definitions
   4A.     Notes in the text
   5.      Acquisition of land to which Act applies
   6.      Acquisition of land to which Act does not apply
   7.      Act not to empower authority to acquire land
   7A.     Authority empowered to acquire native title
   7B.     Authority empowered to acquire its own land
   8.      Act to prevail over other Acts relating to acquisition of land
   9.      Act binds Crown
   10.     Statement of guaranteed acquisition at market value
   10A.    Minimum period of negotiation for acquisition by agreement before initiation of compulsory acquisition process

   PART 2 - ACQUISITION OF LAND BY COMPULSORY PROCESS

           Division 1 - Pre-acquisition procedures

   11.     Notice of intention to acquire land by compulsory process
   12.     Owners to be given notice
   13.     Minimum period of notice
   14.     Compulsory acquisition to be completed as soon as practicable
   15.     Particulars to be included in proposed acquisition notice
   16.     Withdrawal or amendment of proposed acquisition notice
   17.     Registrar-General to be notified of proposed acquisition notice and withdrawal or amendment of such notice
   18.     Valuer-General to be notified of proposed acquisition notice

           Division 2 - Acquisition procedures

   19.     Compulsory acquisition by notice in Gazette
   20.     Effect of acquisition notice

           Division 3 - Owner-initiated acquisition in cases of hardship

   21.     Definition of "land designated for acquisition for a public purpose"
   22.     Owners of land to whom Division applies
   23.     Owner who suffers hardship may require authority of the State to acquire land designated for acquisition
   24.     Hardship
   25.     Method of acquisition under this Division
   26.     Compensation for acquisition under this Division
   27.     Authority of the State may lift designation of land
   27A.    Review of decisions on hardship applications by independent person
   28.     (Repealed)

           Division 4 - Miscellaneous provisions relating to acquisition

   29.     Acquisition of Crown land
   30.     Compulsory acquisition with consent of owners
   31.     Rescission of acquisition notice
   32.     New interests in land
   33.     Validity of compulsory acquisition
   34.     Former owner's right to occupy land until compensation paid etc
   35.     Power of authority of the State to obtain possession of compulsorily acquired land
   36.     Adverse use of acquired land

   PART 3 - COMPENSATION FOR ACQUISITION OF LAND

           Division 1 - Entitlement to compensation

   37.     Right to compensation if land compulsorily acquired
   37A.    Requests for non-monetary compensation for native title
   38.     Compensation entitlement if land (not available for public sale) acquired by agreement

           Division 2 - Claims for compensation

   39.     Claim for compensation
   40.     Owner claiming compensation must disclose particulars of other persons with an interest in land
   41.     Valuer-General's determination of amount of compensation

           Division 3 - Post-acquisition procedures relating to compensation

   42.     Notice of compensation entitlement and offer of compensation
   43.     Particulars to be included in notice of compensation entitlement and offer of compensation
   43A.    Amendment or rescission of compensation notice
   44.     Acceptance of offer of compensation
   45.     Deemed acceptance of offer of compensation
   46.     Claim for compensation by person not offered compensation
   47.     Valuer-General to determine amount of compensation offered
   48.     Advance payments of compensation etc
   49.     Interest on compensation
   50.     Rate of interest on compensation
   51.     Trust account
   52.     Payments to be a good discharge
   53.     Compensation for interest not known to acquiring authority

           Division 4 - Determination of amount of compensation

   54.     Entitlement to just compensation
   55.     Relevant matters to be considered in determining amount of compensation
   56.     Market value
   57.     Special value
   58.     Loss attributable to severance
   59.     Loss attributable to disturbance
   60.     Disadvantage resulting from relocation
   61.     Special provision relating to market value assessed on potential of land
   62.     Special provision relating to acquisition of easements or rights, tunnels etc
   63.     Pre-acquisition agreements on compensation
   64.     Compensation in form of land or works
   65.     Effect of acquisition of mortgage interest

           Division 5 - Objections and appeals to Land and Environment Court

   66.     Objection against amount of compensation offered
   67.     Appeal against failure to entertain claim for compensation
   68.     Payment of compensation arising from court proceedings

   PART 4 - COMPENSATION FOR ABANDONED ACQUISITION OF LAND AND RETURN OF ACQUIRED LAND

   69.     Compensation for withdrawal of proposed acquisition notice
   70.     Compensation for rescission of acquisition notice
   71.     Claims for compensation under this Part
   71A.    Land not required for acquired purpose to be first offered to former owner

   PART 5 - MISCELLANEOUS

   72.     Manner of giving or serving notices or documents
   73.     Proceedings for offences
   74.     Regulations
   75.     (Repealed)
   76.     Repeal of Acts
   77.     Savings, transitional and other provisions
           Schedule 1 (Repealed)
           SCHEDULE 1A
           SCHEDULE 2
           SCHEDULE 3