We provide comprehensive advice and litigation services to Ministers and statutory bodies in relation to compulsory acquisition and compensation matters under the Land Acquisition and Compensation Act 1986 and the Planning and Environment Act 1987.
Our team specialises in both front end transactional services and advice, and back end resolution of claims. We have particular expertise in the context of:
- major infrastructure and other State significant projects
- compensation under Part 5 of the Planning and Environment Act 1987.
Compulsory acquisition powers and processes
We have in depth knowledge and experience in all aspects of land assembly by Government, whether by compulsory process or by agreement, including:
- Advising Government agencies on the process and availability of compulsory acquisition powers.
- Representing authorities under the Land Acquisition and Compensation Act 1986 throughout the compulsory acquisition process from reservation of land to the acquisition itself and management and resolution of related claims for compensation.
- Representing authorities in 'disputed claims' under the Land Acquisition and Compensation Act 1986 referred to the Victorian Civil and Administrative Tribunal or Supreme Court of Victoria for determination.
- Advising Government agencies on alternatives to compulsory acquisition, including divestment of land held by public authorities and municipal councils.
- Liaising with key government agencies involved in the acquisition of land, including the Victorian Government Land Monitor and the Valuer-General Victoria.
- Attending to conveyancing and all ancillary transactions required in the acquisition of land.
Planning compensation
We regularly provide expert advice and litigation services for authorities in relation to compensation claims under Part 5 of the Planning and Environment Act 1987, including:
- Providing strategic advice on the reservation of land for public purposes and related planning controls such as precinct structure plans.
- Advising acquiring authorities in their capacity as referral authorities for planning permit applications.
- Assessing claims for compensation including whether claimants are eligible to claim compensation at all.
- Liaising with key government agencies involved in the assessment of compensation, including the Victorian Government Land Monitor and the Valuer-General Victoria.
- Representing authorities in 'disputed claims' referred to the Victorian Civil and Administrative Tribunal or Supreme Court of Victoria for determination.
Major Projects
We have specialised knowledge on the acquisition of private and public land for major projects. We regularly advise project authorities on land assembly, land access and the exercise of powers under project legislation, including:
- Declared major transport projects under the Major Transport Projects Facilitation Act 2009.
- Projects of State or regional significance under Part 9A of the Planning and Environment Act 1987.
- Nominated projects under the Project Development and Construction Management Act 1994.
- Designated road projects under the Road Management Act 2004.
We work closely with our clients to understand their land requirements during all aspects of a project, from the planning and approvals stage through to delivery and completion of the project.
Temporary entry and occupation of land
We provide expert advice on the exercise of temporary access and occupation powers under the Land Acquisition and Compensation Act 1986 and other legislation, including claims for compensation and rent resulting from temporary access and occupation.
Disputed claims for compensation
We regularly act for authorities under the Land Acquisition and Compensation Act 1986 and the Planning and Environment Act 1987 in disputed compulsory acquisition and planning compensation claims referred to the Victorian Civil and Administrative Tribunal or Supreme Court of Victoria for determination, including on appeal. We have extensive experience advising and representing authorities in disputes related to:
- the assessment of market value of acquired interests, including unique or complex interests in land
- business, financial loss and other disturbance loss claims for compensation including in relation to loss of hypothetical development
- 'special value' and severance loss claims
- entitlement to and assessment of solatium
- complex or novel questions of entitlement to claim compensation.
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