Reducing impact on private property
Where possible we also:
- Work within existing road reservations
- Use existing government-owned land.
Where we do need to acquire land, we aim to facilitate a fair and straightforward acquisition process for owners. Impacted property owners are compensated and paid market value for their property as per the entitlements set out in the Land Acquisition (Just Terms Compensation) Act 1991.
Roads and Maritime Services will make an offer to the owner of a required property based on a market valuation it has obtained from a qualified independent property valuer. Property owners are also entitled to obtain their own market valuation from a qualified property valuer of their choice. Reasonable fees for the valuation obtained will be reimbursed to the owner at the time of settlement.
If the two valuations differ, the valuation reports are exchanged and discussions between the parties take place involving the respective valuers with the objective of achieving a professional agreement based on market evidence. The owners are invited to attend meetings with the valuers and Roads and Maritime Services, which undertakes the property acquisition process for WestConnex. Roads and Maritime Services endeavours at all times to negotiate a mutually acceptable agreement on the value of the property.
Property owners are also entitled to reimbursement for reasonable costs associated with the acquisition including:
- Conveyancing or legal advice
- Mortgage re-establishment costs and other payments
- Stamp duty costs for the purchase of property of equal value to the property being acquired.
- Relocation expenses.
See Roads and Maritime Services land acquisition information guide, July 2014 for further details.
For business properties, business owners are compensated under the provisions of the Land Acquisition (Just Terms Compensation) Act 1991. Compensation for business relocation costs are considered in assessing the business owner’s entitlement to compensation.
In addition to the owner’s entitlement to compensation under the Act, an independent, confidential counselling service is available to support people facing significant change as a result of the project.