Parties with an interest in land being compulsorily acquired can object to the proposed acquisition.
Objections must be in writing and be received at the nominated address by the due date stated in the Notice of Intention to Resume (NIR).
Objectors must state the reasons for their objection and the facts and circumstances supporting those reasons. (Anything relating to the amount of compensation is not a ground for objection.)
Objectors should also state whether a hearing in support of their written objection is required.
If a hearing is required, a delegate of the Coordinator-General will organise the hearing, providing objectors with an opportunity to elaborate on their written objection.
These hearings are not intended to be adversarial and do not require legal representation, however objectors can engage a professional to assist them at the hearing.
The delegate prepares a report that covers the written and - if applicable - verbal objections.
A preliminary report is provided to the objector for comment, before it is submitted to the Coordinator-General for consideration.
All comments are taken into account before the delegate submits a final report to the Coordinator-General.
Decision on objection
The Coordinator-General (or a delegate) considers the objection report and decides whether to:
- proceed with the acquisition in its current form
- amend the NIR (e.g. seek to acquire a lesser or different area)
- not proceed with the acquisition at all.
If the Coordinator-General decides to proceed with the acquisition, the Coordinator-General will apply to the Minister to resume the land.
If the objector engages a professional to assist with the written objection or the hearing, those costs are the objector's responsibility.
Last updated: Friday, Jan 17, 2014