Land and property resumptions

If you want to find out if Main Roads requires any part of your property in the future, you will need to conduct a property search. Information on how to find out this is on the property searches page.

Once you have received advice that any part of your property is required, you may obtain information from Property Services on the procedures for resuming land and matters relating to compensation.

Land resumption frequently asked questions

Q: Can I object?

A: The Notice of Intention to Resume will outline the procedure to follow if you wish to object. Your objection must:

  • be in writing
  • be made within the time specified in the Notice. State your grounds for objection, with supporting details — the Act states that matters relating to the amount of compensation to be paid are not grounds for objection
  • state whether you also wish to be heard in support of your objection; you may appear at the objection hearing and/or be represented by a solicitor or other agent.

Q: How long will the resumption process take?

A: This will depend on things such as the number of objections and the time taken to gain approvals. However, as a guide, the resumption process normally takes approximately 6 months from the time a formal resumption notice is issued.

Q: Is the land taken from me as soon as I receive a Notice of Intention to Resume?

A: No. As it states, it is a notice or letter giving notice to an owner that the resuming authority intends to resume property. The landowner who receives a Notice of Intention to Resume does not have to move out, and the property is not resumed at this stage. The landowner has the right to object, have the objection heard, and have the proposal considered by the Minister. Only when it passes all these steps, and the Taking of Land Notice is published in the government gazette, is the land actually resumed. The Taking of Land Notice is then forwarded to all parties with an interest in land.

Q: On what grounds can I object?

A: Objections by owners in the past have been on issues such as the need for the project, the location of the infrastructure, access after the project is finished, noise issues, and any other issue that landowners see as affecting their property. Compensation is not a valid objection issue, so objections such as the effect on the value of the property of the loss of land are taken into account in the compensation process.

Q: What is the process after the objection period?

A: After your objections have been considered, it is up to the officer who heard the objections to make a recommendation to the Minister. In these instances, objections are considered, and the final decision is made by the Minister as to whether to proceed with the resumption.

Q: What consultants should I engage?

A: If you were engaging a consultant to help you object against a project, these fees are your responsibility and will not be paid by Main Roads. When it comes to negotiating compensation, it is quite appropriate to engage a valuer and legal assistance. In this regard, reasonable fees incurred will be refunded in the overall settlement package. In some cases more consultants may need to be engaged and owners will need to discuss this matter with the department's Property Officer before proceeding.

Q: Will my objection be considered?

A: All objections are considered and, as a result, if the proposal is continued, an application is forwarded to the Minister for Main Roads and Local Government to:

  • proceed with the proposed acquisition
  • proceed to acquire an amended area.

The Minister, after examining all applications and if satisfied that the proposed scheme should proceed, will apply to the Governor in Council to have a notice published in the Government Gazette formally taking your interest in the land. From that date, the land becomes the property of the Crown, and your interest in the land is converted into a right to claim compensation.

Q: Can I claim compensation?

A: Yes. You can claim compensation if you have an interest in the land taken (for example, owner, lessee, licensee, tenant or native title holder).

Q: How do I claim?

A: If you have a proprietary interest in the land, you will receive a copy of the gazette notice and a compensation claim form for completion and return to Main Roads. You may engage a registered valuer and/or solicitor to prepare and lodge your claim. Reasonable fees incurred in the preparation and lodgement for your claim will be reimbursed as part of the overall settlement of compensation.

Q: Can I obtain an advance payment against compensation?

A: Yes. Following publication of the gazette notice and after your claim has been lodged in accordance with the Acquisition of Land Act, you can apply for a payment of an advance against compensation at any time. Payment of an advance does not in any way affect your right to negotiate additional compensation, or to have the matter independently determined by the Land Court should we fail to reach a negotiated settlement.

Q: How is compensation assessed?

A: Assessment is based on the market value of the property (or your interest in the property) at the date of the gazette notice in accordance with the Acquisition of Land Act. Main Roads will have the property independently valued, and our property officer will then contact you to discuss compensation.

Q: When is compensation paid?

A: An offer of compensation will usually be made after Main Roads receives the independent valuation assessment. You are encouraged to submit a compensation claim. If you are satisfied with the offer, settlement will be arranged. If the offer is unacceptable, our property officer will arrange a conference with a view to resolving differences in an open and conciliatory manner. If your principal place of residence is resumed, the following allowances are made in addition to market value:

  • stamp duty payable on the purchase of a replacement dwelling of equal value
  • conveyancing fees associated with the purchase of another dwelling of equal value
  • a reasonable allowance to cover the cost of relocation of personal effects, including furniture
  • charges associated with the re-establishment of your mortgage of equal value to that existing at the date of resumption
  • the cost of telephone reconnection and postal redirection
  • other costs reasonably incurred in relocating to a comparable residence.

If agreement on compensation cannot be reached, either party can refer the matter to the Land Court for independent determination.

Q: What about GST?

A: The payment of GST in the compensation will depend on whether you are registered for GST. Compulsory resumptions do not attract GST.

Q: What if I have a mortgage?

A:The mortgagee is entitled to be paid the compensation (to the extent of the amount owing) unless the mortgagee agrees otherwise.

Q: What happens to my title?

A: Main Roads will attend to the correction of the title for the remainder of your land, to reflect the new boundary, at no cost to you.

Q: Can I sell to Main Roads before resumption starts?

A: You may experience hardship or difficulty in selling your property if the land has been identified as part of a future transport corridor. If this applies to you, you may wish to discuss the matter with your local Main Roads’ District Director. Please visit the regional contacts page for contact details.

To find out more about the resumption of land, Main Roads has produced a brochure, Your property, your rights (PDF, 563 KB). The brochure has information about the resumption of land.

The brochure may answer some of your questions on land acquisition, including:

  • objections
  • compensation
  • GST
  • rights
  • entitlements
  • title.

Some aspects of the acquisition process can be complex. Main Roads’ Property Officers will be pleased to assist if you have any queries on resumption matters. Please phone +61 1800 806 414 toll free for further information or for a hard copy of the brochure.

Last updated: 22 July 2009