The process for land acquisition in NSW is set out in the Land Acquisition (Just Terms Compensation) Act 1991. This is often referred to as the Just Terms Act.
Inland Rail may acquire a property voluntarily or compulsorily:
Voluntary land acquisition
One of the objectives of the Just Terms Act is to encourage the acquisition of land by agreement rather than compulsory process. Inland Rail is committed to progressing voluntary acquisitions by agreement where possible.
This approach offers landowners the opportunity to voluntarily sell their land required for Inland Rail in advance of a future compulsory acquisition schedule.
As part of this process, Inland Rail will work with landowners to understand their individual property, operational and infrastructure needs to ensure all requirements are considered and agreed during negotiations.
Compulsory acquisition
Inland Rail’s acquisition strategy in NSW places a high priority on securing voluntary negotiated agreements. However, where compulsory acquisition is necessary, Inland Rail relies on the acquisition powers held by Transport for NSW (TfNSW).
In NSW, acquiring authorities such as TfNSW have the power to compulsorily acquire privately owned property for public purposes. This may be all or part of a property or an interest in a property, for example easements for drainage. The powers of acquiring authorities to acquire property are contained in legislation specific to those authorities.
Who is eligible for a voluntary acquisition and what is the process?
A directly impacted property means all or part of the land is required for the construction and operation of Inland Rail. Any landowner with a known future land requirement is eligible for a voluntary acquisition.
They must be able to show they are the owner of the land and/or are entitled to exercise a power of sale over the land. Where there is more than one owner, all owners must agree to the acquisition process.
All voluntary acquisitions are subject to Inland Rail and the landowner mutually agreeing to a market value of the property, subject to the principles of compensation, and other disturbance costs. The valuation of the property is negotiated on the basis of the price that would have been realised had Inland Rail not occurred.
Compensation for land acquisition
Compensation for acquisitions in NSW is determined in accordance with Division 4 of the Land Acquisition (Just Terms Compensation) Act 1991. Division 4 of the Act includes sections 54 to 65 which set out the principles for determining compensation.
The rights of landowners
Landowners are encouraged to obtain their own independent legal and valuation advice, with reasonably incurred legal and valuation costs covered as part of the acquisition process. Landowners should feel they are well informed during a voluntary acquisition process, not pressured into decisions by third parties.
Other types of property access arrangements
Land Access
As Inland Rail progresses through various design and construction phases, we conduct field studies on land across the alignment. What happens if we need access to a property for a short time?
Leases and Licences
To construct Inland Rail we may require land for a temporary period, to store materials or to access the rail corridor. What happens if Inland Rail needs to secure a lease or licence?
Level Crossings
Where Inland Rail and road intersect, we’ll need to install level crossings to enable safe passage of vehicles and people across the track. What is Inland Rail’s approach to level crossing treatment?
