What Can We Do?
You might already have had land resumed, or you might have been approached about a proposed resumption of land you own.
Our team can assist you with all matters relating to the compulsory acquisition, agreement to resume, and voluntary sale contracts relating to resumption of your land. Critically, we can assist with negotiations, getting appropriate compensation, access and agreements. We can help from the first enquiry.
We can assist with the swift navigation and resolution of all issues about compliance, compensation, access or any other matters related to the proposed acquisition.
If negotiations fail our team provides representation in court.
Our team is experienced in assisting landowners throughout Queensland navigate the:
– compulsory acquisition process for various projects including railways, roads, water and gas pipelines, electricity powerlines and generation facilities under the Acquisition of Land Act 1967 (Qld)
– process by which energy and resource industry apply for the government to resume privately owned land including water and gas pipelines under the Petroleum Act 1923 (Qld) or Petroleum and Gas (Production and Safety) Act 2010 (Qld)
– process of the declaration and assessment of coordinated projects under the State Development Public Works Organization Act 1971 (Qld).
As well as assisting clients navigate the compulsory acquisition process, we can also assist with requests for specific advice on particular issues within that process including:
– assessing letters of offer to negotiate a voluntary acquisition of land
– review a resumption agreement
– the fair compensation for acquiring the required land including instructing a property valuer to give an independent determination of the value of the land to be taken
– review of a notice of intention to resume land
– assessing an offer of compensation
– drafting a notice of claim
– review of a written permission for pipeline land
– review of an easement for pipeline land
– making an objection
– draft (or review the landowner’s draft) submissions on an application for a government minister to grant an application by the energy and resource industry to compulsorily acquire land
– seeking reviews of any government minister’s decision to grant an application by the energy and resource industry to compulsorily acquire land
Want More Information?
If you are coming to this area for the first time, or revisiting it after a long break, you will see that there are many integrated parts of legislation with many terms unique to the area. We have set out below a general summary of the area to give a broad overview for those people starting their research into the area.
Sometimes and in some circumstances, the government may need to acquire privately held land to provide services and community facilities such as rail or road transport, electricity, parks, schools, or hospitals.
The land required for these projects may be acquired through negotiation with the owner of the land, or otherwise through a compulsory acquisition process known as ‘resumption’ under the Acquisition of Land Act 1967 (Qld).
Land may also be compulsorily acquired under the Acquisition of Land Act 1967 (Qld) if it is required for declared coordinated projects pursuant to the State Development Public Works Organization Act 1971 (Qld).
Additionally, there are certain circumstances in which the holders of certain resource tenure may apply for the applicable state government minister to resume privately owned land. For example, the holder of a pipeline license or facility license pursuant to the Petroleum Act 1923 (Qld) or Petroleum and Gas (Production and Safety) Act 2010 (Qld) may apply to the relevant Queensland government minister to compulsorily acquire ‘pipeline land’ or ‘petroleum facility land’ when the tenure holder has been unable to negotiate that written permission or easement from the landowner.
Please get in touch if you would like advice in this area.
