Fairer rental An acquiring authority cannot require a former arrangements land owner whose principal place of residence has been acquired to pay rent for up to 3 during which the former owner continues to occupy the premises following compulsory acquisition. Acquiring authorities are expected to implement this requirement immediately (including in relation to any existing tenancies ie former land owners are currently – renting their former premises from the acquiring authority). An owner of land may apply to the Secretary of In determining an application made by a Greater transparency in relation to hardship the Department of Finance, Services and land owner under the Act’s hardship applications Innovation for a review of a decision by an provisions, acquiring authorities must follow acquiring authority to reject a land owner’s the Guidelines for determination of hardship request that the authority acquire the land acquisition applications. These guidelines under the Act’s hardship provisions. can be accessed at or at www.finance.nsw.gov.au. The Secretary will refer the application to a suitably qualified reviewer appointed by the Minister responsible for the Land Acquisition (Just Terms Compensation) Act 1991. The reviewer will endeavour to determine the application within 28 days after the application is referred to the reviewer. The decision of the reviewer is final. Ensuring the Valuer Acquiring authorities must pay the Valuer General’s reasonable General’s reasonable costs of preparing costs are paid valuations for determinations of compensation. Such costs include any matter where the Valuer General has commenced work following the issue of a PAN regardless of whether a determination of compensation is finally issued. Ensuring that Crown land When seeking to acquire Crown land, that is subject to an acquiring authorities should - undetermined Aboriginal Make all necessary inquiries to land claim is not acquired determine whether Crown land is without the agreement of subject to an undetermined Aboriginal the relevant local land claim. An acquiring authority may Aboriginal land council. at any time contact the Registrar appointed under the Aboriginal Land Rights Act 1983, who is the official custodian of Aboriginal land claims, to determine whether Crown land is subject to an undetermined land claim. If the land is subject to an undetermined Aboriginal land claim, consult the relevant Aboriginal land council on whether the council consents to the land being acquired.
Fairer rental arrangements An acquiring authority cannot require a former land owner whose principal place of residence has been acquired to pay rent for up to 3 during which the former owner continues to occupy the premises following compulsory acquisition. Acquiring authorities are expected to implement this requirement immediately (including in relation to any existing tenancies – ie former land owners are currently renting their former premises from the acquiring authority). Greater transparency in relation to hardship applications An owner of land may apply to the Secretary of the Department of Finance, Services and Innovation for a review of a decision by an acquiring authority to reject a land owner’s request that the authority acquire the land under the Act’s hardship provisions. The Secretary will refer the application to a suitably qualified reviewer appointed by the Minister responsible for the Land Acquisition (Just Terms Compensation) Act 1991. The reviewer will endeavour to determine the application within 28 days after the application is referred to the reviewer. The decision of the reviewer is final. In determining an application made by a land owner under the Act’s hardship provisions, acquiring authorities must follow the Guidelines for determination of hardship acquisition applications. These guidelines can be accessed at or at www.finance.nsw.gov.au. Ensuring the Valuer General’s reasonable costs are paid Acquiring authorities must pay the Valuer General’s reasonable costs of preparing valuations for determinations of compensation. Such costs include any matter where the Valuer General has commenced work following the issue of a PAN regardless of whether a determination of compensation is finally issued. Ensuring that Crown land that is subject to an undetermined Aboriginal land claim is not acquired without the agreement of the relevant local Aboriginal land council. When seeking to acquire Crown land, acquiring authorities should - Make all necessary inquiries to determine whether Crown land is subject to an undetermined Aboriginal land claim. An acquiring authority may at any time contact the Registrar appointed under the Aboriginal Land Rights Act 1983, who is the official custodian of Aboriginal land claims, to determine whether Crown land is subject to an undetermined land claim. If the land is subject to an undetermined Aboriginal land claim, consult the relevant Aboriginal land council on whether the council consents to the land being acquired.
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