Compulsory Acquisition

TransGrid HumeLink Project: Proposed compulsory acquisition of land

TransGrid is planning a new project called HumeLink which involves the construction of a new 500kV electricity transmission line which will carry electricity from “new generation” sources, including the expanded Snowy Hydro Scheme, and which will connect Wagga Wagga, Bannaby and Maragle.

The carrying out of the Project is anticipated to require the compulsory acquisition of land including the creation of easements over land.

ARTC Inland Rail Project: Proposed compulsory acquisition of land

The Australian Rail Track Corporation (ARTC) is in the process of constructing a new 1,700KM freight rail network connecting Melbourne and Brisbane via regional Victoria, New South Wales and Queensland.

Land in NSW will be acquired on behalf of ARTC by Transport for NSW under the processes set out in the Land Acquisition (Just Terms Compensation) Act 1991. Among other things, this legislation determines how compensation is awarded for any acquisition (where compensation cannot be agreed).

Western Harbour Tunnel and Beaches Link Project: Proposed compulsory acquisition of land

The NSW government has embarked on an approximately $14 billion scheme to build underground motorways connecting greater Sydney. This project will consist of a Western Harbour Tunnel and Warringah Freeway Upgrade in addition to a Northern Beaches Link and Gore Hill Freeway Connection.

The Western Harbour Tunnel will stretch from the Warringah Freeway at Cammeray, across Sydney Harbour, to the WestConnex interchange at Rozelle. This development is expected to reach completion by 2026.

The acquisition of land will be carried out under the processes set out in the Land Acquisition (Just Terms Compensation) Act 1991. Among other things, this legislation determines how compensation is awarded for any acquisition (where compensation cannot be agreed).

Sydney Metro West: Proposed compulsory acquisition of properties to construct the project

In October 2019, the NSW State Government announced that the construction of the Sydney Metro West project will commence in early 2020. The Metro West is the third stage of the city’s metro rail network.

The state government will acquire approximately 93 businesses and 23 residential properties to build the project.

Desane case - Westconnex - Court halts compulsory acquisition of land

Desane Properties Pty Limited v State of New South Wales [2018] NSWSC 553.

In this case, the NSW Supreme Court upheld a challenge to the validity of a Proposed Acquisition Notice (PAN) issued by RMS to a landholder (Desane) because the PAN:

  1. deviated impermissibly from the approved form;

  2. did not specify the public purpose of the acquisition; and

  3. was issued for a purpose not authorised under the Roads Act 1993.