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Compulsory Acquisition

 

Land in Western Australia can be compulsorily bought back or received by State or local government and a variety of statutory authorities for a public work. Find out about the legislation, procedures and practices involved.

 

Legislation governing compulsory acquisition of Crown (State) land

The Western Australian State Government, local governments and a variety of statutory authorities have been vested, by legislation, with power to acquire land for a public work.

Land may be acquired in one of two ways:

  • By agreement with the owner/s or
  • By taking without the agreement of the owner.

In the latter case, the land is compulsorily acquired in accordance with procedures set out in written law. The provisions dealing with the compulsory acquisition of land and compensation are provided in Parts 9 and 10 of Land Administration Act 1997 (WA) LAA.

The LAA requires that where the Minister or a delegate for the “acquiring authority” is directly negotiating the acquisition of land for a public work, the landowner must be informed of the procedures for:

  • The taking of land and interests in land
  • Payment of purchase moneys
  • Compensation for land taken Rights of appeal
  • Rights relating to the future transactions for interests in land either taken by agreement or compulsorily taken.

If you require more information please contact us.