COMMONWEALTH OF AUSTRALIA
Lands Acquisition Act 1989
Section 97
Compensation Claim Form
This form has been approved for use by a person who owns an interest in land and
due to the exercise, in relation to the land, of powers conferred by Part III of the
Lands Acquisition Act 1989 consider they are entitled to be paid compensation in
respect a loss, injury or damage suffered, and/or expenses reasonably incurred.
The completed form should be given to the Minister for Finance by sending it to the
following address:
The Minister for Finance
C/- The Secretary
Department of Finance
John Gorton Building
King Edward Terrace
CANBERRA ACT 2600
Attention: Assistant Secretary, Property Legislation and Advice Branch
Pursuant to section 97 of the Lands Acquisition Act 1989, I/we/[or insert name of
body corporate:
]
(The claimant is / is not registered for GST) A.B.N:……………………..
hereby claim/s compensation in accordance with Part VIII of the Act and furnish/es
particulars of the claim hereunder.
This claim is made in respect of an interest in land, described below, and the said land
was subject to the exercise of powers conferred by Part III of the
Lands Acquisition Act 1989 on [Insert Date(s)……………..……..…….] by persons
acting on behalf of the Commonwealth of Australia.
Description of the interest in land subject to the exercise of Part III powers of the
Lands Acquisition Act 1989:
[Description of the interest that has been or is proposed to be acquired by compulsory
process:]
The exercise of the powers under Part III of the Lands Acquisition Act 1989 led to the
following loss, injury or damage suffered, and/or expenses reasonably incurred, by the
person:
Date of approval: 21 January 2016
Compensation Claimed: (For each item separately identify the GST component.)
ITEM
[identify each component of claim]
Total Amount of Compensation Claimed
AMOUNT
$
_________
Signature __________________________
Name (printed) ______________________
Title ______________________________
Date ______________________________
This form has been approved by a delegate of the Minister for Finance, for use by a person or persons
who claim an entitlement to compensation under Part VIII of the Lands Acquisition Act 1989 in respect
of the exercise of powers under Part III of the Act.
Date of approval: 21 January 2016
COMMONWEALTH OF AUSTRALIA
Lands Acquisition Act 1989
Extracts relating to the completion of the compensation claim form
These notes are provided as guidance for claimants and are not intended to be
exhaustive.
Claimants are strongly advised to seek professional advice and assistance in
preparing their claims for compensation.
Authorised Access
The Act allows the Minister for Finance to authorise persons to access land on behalf
of the Commonwealth. Where such authorisation is provided you will receive a
notice in writing explaining the intention to access your land and providing reasons
for the exercise of the power. It will also advise that you may be entitled to seek
compensation for the exercise of that power.
Pre-acquisition compensation
The Commonwealth may conduct some preliminary assessments as to the suitability
of your land for its purposes. This process may commence prior to the issuing of a
pre-acquisition declaration and continue through to the eventual acquisition. If you
have suffered a loss as a direct result of Commonwealth activity on your land prior to
the actual acquisition you are entitled to make a claim for compensation.
Compensable losses may arise as a result of injury or damage suffered and from
expenses that you reasonably incur as a direct result of the Commonwealth activity.
Date of approval: 21 January 2016
Part VIII—Compensation for exercise of powers under Part
III and failure to acquire
Division 1—Entitlement to compensation
94 Interpretation
For the purposes of this Part, a reference to a loss suffered by a person includes a
reference to injury or damage suffered, and expenses reasonably incurred, by the
person.
95 Entitlement to compensation—exercise of powers under Part III
Where:
(a) person who owns an interest in land suffers loss because of the exercise, in
relation to the land, of powers conferred by Part III; and
(b) within 3 years after suffering the loss the person makes a claim for
compensation in accordance with section 97 in respect of the loss;
the Commonwealth is liable to pay to that person as compensation such amount
as will justly compensate him or her for the loss.
96 Entitlement to compensation—pre-acquisition declaration or section 24
certificate made but acquisition not proceeded with
(1) Where:
(a) a pre-acquisition declaration is revoked or ceases to have effect because of
subsection 44(2) or 46(3);
(b) a person who, when the declaration was in force, was an owner of an
interest affected by the declaration, suffers loss as a direct, natural and
reasonable consequence of the making of the declaration; and
(c) within 3 years after the declaration is revoked or ceases to have effect, the
person claims compensation in accordance with section 97;
the Commonwealth is liable to pay to the person as compensation such amount
as will justly compensate him or her for the loss.
(2) Where:
(a) a certificate under section 24 is revoked or ceases to have effect because of
subsection 46(3);
(b) a person who, when the certificate was in force, was a person affected by
the certificate, suffers loss as a direct, natural and reasonable consequence
of the giving of the certificate; and
(c) within 3 years after the certificate is revoked or ceases to have effect, the
person claims compensation in accordance with section 97;
the Commonwealth is liable to pay to the person as compensation such amount
as will justly compensate him or her for the loss.
Date of approval: 21 January 2016
Division 2—Claims for, and offers of, compensation
97 Claims for compensation
(1) A person who considers that he or she is entitled to be paid compensation in
accordance with this Part may make a claim for compensation.
(2) A claim for compensation:
(a) shall be in the form approved by the Minister for the purposes of this
subsection;
(b) shall include particulars of the loss in respect of which compensation is
claimed;
(c) shall specify the interest of the person in the land in respect of which the
claim is made; and
(d) shall be given to the Minister.
(3) A person who has made a claim for compensation may, by notice in writing
given to the Minister, withdraw the claim.
(4) Where a claim for compensation is withdrawn, this Act has effect as if the claim
had never been made.
(5) For the purposes of this Act, a claim for compensation shall be taken to be made
when it is given to the Minister.
98 Minister either to accept claim and offer compensation or to reject claim
(1) If the Minister is satisfied that compensation in accordance with this Part is
payable to a claimant for compensation in respect of the loss to which the claim
relates, the Minister shall, by written notice given to the claimant:
(a) inform the claimant that the claim is accepted;
(b) make an offer to the claimant of the amount of compensation to which the
Minister considers the claimant is entitled in accordance with Division 1;
and
(c) explain to the claimant how the amount offered was arrived at.
(2) If the Minister does not consider that compensation in accordance with this Part
is payable to a person who has made a claim in respect of the loss suffered
particulars of which were included in the claim, the Minister shall, by written
notice given to the claimant, inform the claimant that the claim is rejected and
state the reasons for the rejection.
(3) If, within 42 days after the receipt of the claim, the Minister has not given the
claimant a notice under subsection (1) or (2), the Minister shall, at the end of that
period, be taken to have rejected the claim and to have given the claimant a
notice under subsection (2).
(4) The claimant may, in writing and before the end of the period referred to in
subsection (3), agree to an extension of that period.
Date of approval: 21 January 2016