The current Land Acquisition and Compensation Regulations (LACR) 2010 (current regulations) will sunset on 22 June 2021. New regulations are needed to continue to support the effective operation of the Land Acquisition and Compensation Act 1986 from 22 June 2021.
The proposed regulations prescribe various procedural matters relating to the compulsory acquisition of land, including:
- statements of information for acquiring authorities to give to landholders
- forms, and
The Regulatory Impact Statement (RIS) primarily looks at clarifying the wording of the prescribed forms and statements of information to make the forms easier to understand by both acquiring authorities and landholders, and to ensure that landholders are informed of their rights and treated equitably in the compulsory acquisition process.
Fees are charged by Land Use Victoria for lodging Notices of Intention to Acquire Land with the Registrar of Titles. The RIS recommends retaining the current fee levels.
The RIS proposes changing the claimant’s declarations in Forms 11 (Response to Offer of Compensation) and 12 (Notice of Claim for Compensation where no interest in land is acquired) to statements confirming the information provided in the Forms is true and correct.
This will mean that these Forms will no longer need to be witnessed by someone who is authorised to witness statutory declarations, instead any independent adult witness can be used.
The RIS also proposes changing the threshold for the market value of a claimant’s principal place of residence from $500,000 to $750,000 for loans to dispossessed home owners, in line with current median house prices in Metropolitan Melbourne.
The changes proposed by the RIS are intended to make the compulsory acquisition process easier to understand and administer, and more efficient.
How you can contribute
Public feedback is requested on the Regulatory Impact Statement and the proposed Land Acquisition and Compensation Regulations. This is to ensure impacts on government departments, acquiring authorities and landholders are appropriately considered.
The RIS includes a number of questions relating to the main elements of the proposed Regulations. You may wish to use these questions to guide your written submission
All comments and submissions will be treated as public documents unless requested to be made confidential.
Privacy Collection Notice
The purpose of this consultation is to consult with the public on a Regulatory Impact Statement (RIS) and the proposed Land Acquisition and Compensation Regulations 2021 (LACR). The consultation is being conducted by the Department of Justice and Community Safety (the Department).
As part of the consultation, the Department is required to publish the RIS and proposed LACR and invite public comments or submissions (submissions) for a minimum of 28 days. This is required under the Subordinate Legislation Act 1994 and the Victorian Guide to Regulation.
The Department is committed to protecting personal information provided by you in accordance with the principles of the Victorian privacy laws.
You are not required to provide any personal information to make a submission. Any personal information you do provide may be used by the Department to contact you. This may be to clarify a part of your submission or upon your request to provide you with a copy of the submission or final outcome.
The Department will use submissions to finalise the LACR.
Unless you advise us in writing that you do not want your submission to be publicly available, all submissions will be treated as public documents. This means that submissions may be published under your name and, where relevant, your organisation’s name on the Engage Victoria platform or the Department’s website www.justice.vic.gov.au. If submissions are published, your email, home or business address and personal contact number will not be published.
Submissions will be provided to:
- Regulatory Impact Solutions for the purpose of assisting the Department in finalising the LACR
- the Scrutiny of Acts and Regulations Committee of Parliament after the Regulations are made, in accordance with the requirements of the Subordinate Legislation Act 1994
- the Commissioner for Better Regulation Victoria as part of best practice in the regulation making process and
- the Attorney-General and the Treasurer for the purpose of providing advice and recommendations on the LACR.
Please note third party information (such as names, addresses, email addresses and phone numbers of other individuals or organisations) is not required. If third party information is provided in a submission, that information will not be published.
If you choose to make your submission by email, we may be able to identify you from your email address. If you prefer to remain anonymous, you can post your submission to the Department:
LAC Regulations 2021
Justice Policy and Data Reform
Department of Justice and Community Safety
GPO Box 4356, Melbourne VIC 3001
You may contact the Department to request access to any personal information you have provided as part of this consultation by emailing firstname.lastname@example.org. Please note that if you wish to make an anonymous submission or do not wish to provide your personal information, we will not be able to identify your submission if you wish to access it, make a correction or require technical support.