New South Wales Consolidated Acts

LAND ACQUISITION (JUST TERMS COMPENSATION) ACT 1991 - SECT 27A

27A Review of decisions on hardship applications by independent person

(1) An owner of land who has given an authority of the State a notice under this Division requiring the authority to acquire the land may apply to the Secretary of the Department of Finance, Services and Innovation for a review of a decision of the authority not to acquire the land because:

(a) the land is not designated by the operation of this Division for acquisition by the authority for a public purpose, or

(b) the owner will not suffer hardship if there is any delay in the acquisition of the land, or

(c) the authority is not otherwise required under this Division to acquire the land.

(2) An application for the review of any such decision is to be made within 28 days after the owner of the land is notified of the decision by the authority of the State.

(3) The Secretary is to refer the application to a reviewer for determination. The reviewer is to be a suitably qualified person appointed by the Minister who is not associated with the authority of the State or the applicant.

(4) The reviewer:

(a) if satisfied that this Division requires the authority to acquire the land--is to quash the decision and decide the matter in accordance with this Division, or

(b) if not so satisfied--is to confirm the decision.

The reviewer is to endeavour to determine the application within 28 days after the application is referred to the reviewer.

(5) The decision of the reviewer is final and is required to be given effect to by the authority of the State.

(6) If the authority of the State fails to acquire land under this Division within 90 days after the owner of the land gives a notice to the authority under this Division to acquire the land, the authority is taken, for the purposes only of an application for review under this section, to have made a decision not to acquire the land.

(7) The regulations may make provision for and with respect to the making of applications under this section, the appointment of reviewers and the determination of those applications.