Compulsory acquisition

If you have not reached agreement on compensation with the acquiring authority following the negotiation period, you will be sent a Proposed Acquisition Notice (PAN). The acquiring authority will also advise the Valuer General a PAN has been issued.

You will have the opportunity to lodge a claim for compensation with the acquiring authority or the Valuer General.

You will have at least 60 days from receiving the PAN to complete the claim for compensation.

What you can do

• Complete the Claim for Compensation form (PDF 438.79KB) and include all information you would like the Valuer General to consider when making the determination of compensation.
• Continue working to reach an agreement with the acquiring authority.
• Seek advice from your lawyer and acquisition support team on the compulsory acquisition process.

Negotiations between you and the acquiring authority can continue and an agreement can still be reached after a PAN has been issued.

The Valuer General will contact you to explain their role and the next steps.

Your Claim for Compensation form will ensure your interests are recorded and the Valuer General will take this into consideration.

An independent valuer will make a new valuation for the determination of your compensation, on behalf of the Valuer General.

What you can do

• Note the timelines outlined in your letter.
• Provide any additional information requested by the Valuer General in a timely way.

If an agreement still is not reached, the acquiring authority will compulsorily acquire your property.

The acquiring authority will publish a notice in the NSW Government Gazette, the permanent public record of official notices issued by the NSW Government.

Publication of the notice in the Gazette means:

• the NSW Governor has approved the acquisition
• following Gazettal, the Valuer General will determine the compensation owed to you
• the acquiring authority becomes the owner of the property.

If the property is your principal place of residence, or your place of business, you may be able to stay there for 3 months after it has been compulsorily acquired, unless the acquiring authority needs it to be vacated earlier.

What you can do

• Continue to seek legal and valuation advice.
• Arrange for the Valuer General to inspect your property so a full valuation report can be made.

The Valuer General will determine the amount of compensation based on their own independent valuation and will supply information to both you and the acquiring authority. 

The Valuer General shares all valuation information with both you and the acquiring authority before determining compensation.

What you can do

• Remain in contact with the Valuer General.

The Valuer General will send you a preliminary valuation report before finalising their determination.

The preliminary report shows the proposed amount of compensation and how it was determined. 

The Valuer General will provide the preliminary report to both you and the acquiring authority to review and respond to.

You generally have 10 working days to give feedback on the report before the Valuer General finalises the determination.

What you can do

• Consider the Valuer General’s Preliminary Valuation Report and submit your feedback. This feedback will be addressed before the Valuer General issues the final determination.

When the valuation report is finalised, the Valuer General will deliver a determination of compensation. This determination must be used by the acquiring authority to issue you with a compensation notice.

If you accept the offer in the compensation notice, you will receive payment within 28 days of the acquiring authority receiving a signed Deed of Release and Indemnity.

You will be paid interest on the compensation calculated from the day the acquisition notice was published in the NSW Government Gazette to the date of payment.

What you can do

• Consider the acquiring authority’s compensation notice.
• If you agree with the compensation notice, complete a Deed of Release and Indemnity and send it to the acquiring authority.

If you do not agree with the amount of compensation determined by the Valuer General, you can lodge an objection with the NSW Land and Environment Court.

You must lodge your objection within 90 days of receiving your compensation notice from the acquiring authority.

You must also give the acquiring authority notice that you have begun proceedings in the NSW Land and Environment Court.

What you can do

• Lodge an application with the NSW Land and Environment Court within 90 days of receiving the compensation notice. The Court may accept late applications in some cases.