The Qld Department of Transport and Main Roads (DTMR) has the authority to acquire land, by voluntary agreement or compulsory acquisition (resumption), under the Transport Planning and Co-ordination Act 1994. The Acquisition of Land Act 1967 sets out the statutory provisions for the resumption of land.
Voluntary land acquisition
Inland Rail’s preference is to reach voluntary land acquisition agreements with landowners as there is greater potential for mutually beneficial outcomes.
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.
Inland Rail will consider all applications on an individual basis noting that most landowners that apply for voluntary acquisition request that their whole property is purchased.
In reviewing requests for voluntary acquisitions, an assessment will be made as to whether a partial or whole acquisition is suitable under the circumstances. Inland Rail retains the discretion to purchase only that part of the property required for the project.
Compulsory acquisition
A compulsory land acquisition process will be considered in order to acquire land outside of the voluntary agreement process. Inland Rail will work closely with DTMR during the compulsory acquisition process to ensure landowners receive the appropriate information and address any questions they may have.
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 of Inland Rail. Any landowner with a known future land requirement can apply for a voluntary acquisition. They must be able to show they are the owner of land and/or are entitled to exercise a power of sale over the land. Where there is more than one owner, all owners must make a joint application.
All voluntary acquisitions are subject to DTMR 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 land acquisitions in Queensland is governed primarily by the Acquisition of Land Act 1967. Section 20 of the Act defines “disturbance costs” and sets out how compensation is assessed, including the value of the land resumed, damage due to severance, and other impacts.
The Planning Act 2016, particularly Chapter 7, Part 2, Division 2, also plays a role when land or easements are acquired for development infrastructure. However, the Acquisition of Land Act 1967 remains the core statute for the compensation process.
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?
