The current Land Acquisition and Compensation Regulations 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 exposure draft Land Acquisition and Compensation Regulations 2021 (regulations) and Regulatory Impact Statement (RIS) were released for public consultation between 14 January 2021 and 12 February 2021. The Department of Justice and Community Safety wishes to thank everyone who contributed to the review process.
Consultation allowed stakeholders and the community to comment on the RIS proposals and regulations. The department received four written submissions, and comments from the Department of Transport.
Consultation feedback was carefully reviewed and helped inform the regulations. The final response takes into consideration a range of stakeholder concerns and viewpoints.
The regulations will include three additional prescribed forms, and minor amendments to the exposure draft to clarify wording of prescribed forms and statements of information. This will make the forms easier to understand for both acquiring authorities and landholders, assisting to ensure that landholders are informed of their rights and treated equitably in the compulsory acquisition process.
The regulations will prescribe various procedural matters relating to the compulsory acquisition of land, including:
- statements of information for acquiring authorities to give to landholders
Fees are charged by Land Use Victoria for lodging Notices of Intention to Acquire Land with the Registrar of Titles. Current fee levels will be retained.
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) will change 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 regulations will also change the threshold for the market value of a claimant’s principal place of residence from $500,000 to $750,000 for loans to home owners whose principal place of residence is compulsorily acquired, in line with current median house prices in metropolitan Melbourne.
These changes are intended to make the compulsory acquisition process fairer, easier to understand and administer, and more efficient.
Statement of Reasons
The Statement of Reasons broadly identifies the issues and themes raised during consultation and provides reasons for the directions taken in the regulations. Stakeholders and the community are encouraged to view the Statement of Reasons.