26 September 2023

Finance accepts new land acquisition laws

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The Department of Finance has released the findings of a Review of the Lands Acquisition Act 1989 (LAA) and accepted all 16 recommendations in full.

Minister for Finance, Senator Simon Birmingham said the LAA regulated how the Commonwealth could exercise powers to acquire and dispose of interests in land for public purposes.

“Overall, the Review found that most acquisitions occur relatively quickly, providing mutually agreed compensation to landholders,” Senator Birmingham said.

“However, it also identified a subset of cases where landholders could benefit from more personalised support, firmer timelines and clearer guidance about the value of appropriate compensation,” he said.

“The Government has accepted in full, all 16 recommendations for targeted legislative, policy and administrative reforms to deliver a streamlined and more efficient Commonwealth lands acquisition framework.”

Senator Birmingham said the reforms would provide personalised case management support for affected landholders; set deadlines to provide timely results; double the amount paid by the Commonwealth for emotional loss; refresh guidance for determining a reasonable sum of compensation; and improve data capture on acquisitions and disposals.

The Senator said the new deadlines would require the Commonwealth to offer compensation within six months and pay 100 per cent of its offer then, followed by a deadline on the landholder of a further 12 months for either acceptance, or counter-claim.

The Department’s 51-page Review Report can be accessed at this PS News link.

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