Land and property resumptions

As a guide, it normally takes approximately 9 to 18 months from the time a Notice of Intention to Resume is issued. However, this will depend on the nature and complexity of the project and if any objects are received.

A Notice of Intention to Resume (NIR) is the start of the formal process for the compulsory acquisition (resumption) of land under the Acquisition of Land Act 1967. It sets out the land or easement required to be acquired with an associated 'resumption plan', the purpose for the acquisition, and the right to object.

An NIR is served on all parties with an interest in the land. This includes the landowner, an easement grantor, a lessee and a mortgagee.

No. The Notice of Intention to Resume provides notice to an owner and all interest holders that Council intends to resume land or an interest in land (called an easement). The land is not resumed at this stage. The landowner has the right to object, have the objection heard and have the proposal considered by the Department of Resources and the Minister. Only after all these steps are passed and a Taking of Land Notice is published in the Queensland government gazette is the land resumed

The Notice of Intention to Resume will outline the procedure to follow if you wish to object. Your objection must:

• be in writing
• be made within the time specified in the Notice of Intention to Resume
• state your grounds for objection with supporting details (the Acquisition of Land Act states that matters relating to the amount of compensation to be paid are not grounds for objection)
• state whether you also wish to be heard in support of your objection (you may appear at the objection hearing and/or be represented by a solicitor or other agent).

Objections can be based on issues like:

• the need for the project
• the location of the infrastructure
• access after the project is finished
• any other issues that landowners see as affecting their property.

Under the Acquisition of Land Act 1967, compensation is not a valid ground for objection. If resumption is undertaken, the effect the resumption has on the value of the property will be considered in the compensation process.

Yes, all objections will be considered by an authorised independent delegate of Council. The delegate will make recommendations to either:

• proceed with the resumption
• amend the Notice of Intention to Resume, or
• discontinue the resumption.

If you have objected to the resumption, Council Property Officers will notify you of the delegate's consideration of the objection and decision on the proposed resumption. If you wish to be heard in support of your objection you can also attend the objection hearing. A copy of the objection report will also be provided to you.

Yes, Council are always willing to negotiate to acquire land required by voluntary agreement. Should you wish to enter into a voluntary agreement with Council, please contact your Property Officer or email projectacquisitions@logan.qld.gov.au.

If you engage a solicitor, agent, or consultant to assist with your written objection and/or the hearing, you are responsible for covering their professional fees. These fees will not be paid by the Council.

If Council as constructing authority decides to proceed with a resumption, it makes an application to the Minister for Resources. The Minister considers all applications. If the Minister is satisfied that the proposed resumption should proceed, he/she will apply to the Governor in Council to have a Taking of Land Notice published in the Queensland Government Gazette.

The taking of land is effective on the day of publication of the notice in the gazette and your interest in the land is converted into a ‘right to claim compensation'. A copy of the Taking of Land Notice (referred to as a ‘Gazette Notice') is then forwarded to all parties with an interest in land who were served a Notice of Intention to Resume.

Council will attend to the correction of the title at no cost to you. If a part of your property or an interest in the property (being an easement) was resumed, a new Survey Plan to reflect the resumption will be prepared and a new title will be created.

If the whole of your property was resumed, the change of ownership will be arranged. Following registration of the Survey Plan and the title correction, you will be sent a Registration Confirmation Statement confirming the registration has been completed.

Yes. As part of any resumption project, we are required to undertake site investigations like geotechnical studies, environmental studies and land surveys to identify existing boundaries and mark the property acquisition extents associated with land and property resumptions. It is important that no disturbance or removal of any survey mark set up occurs. This is a key part of the acquisition process. We may be required to enter your property, as authorised under section 36 of the Acquisition of Land Act 1967 however we will, in the first instance try to get landowner consent for any property access.

You can claim compensation if you have a legal interest in the land taken (for example, if you are the owner, lessee or licensee). Under the Acquisition of Land Act 1967, a claim for compensation must be served on Council within three years from the day the Taking of Land Notice is published in the gazette.

If you have a legal interest in the land and received a Notice of Intention to Resume, you will receive a copy of the Gazette Notice together with a Compensation claim form and statutory declaration(PDF, 668KB) to complete and return to Council.

It is recommended that you engage a registered valuer and/or solicitor to prepare and lodge your claim, and to participate in any subsequent compensation negotiations. When choosing a registered valuer and/or solicitor, you should ensure that they have sufficient experience in compulsory land acquisition compensation claims.

For further assistance, please contact the Queensland Law Society and the Valuers Registration Board of Queensland or contact your Property Officer.

You must lodge your compensation claims within 3 years of the publication of the Taking of Land Notice in the Government Gazette. Claims received after this deadline will be accepted at the discretion of the Council.

If you engage a registered valuer and/or solicitor to prepare and lodge your compensation claim, Council will reimburse your professional fees "reasonably incurred" as part of your compensation claim.

There is not a pre-determined amount which will constitute reasonable professional fees. As such, Council will determine whether or not a claim is reasonable with reference to a number of factors including the complexity of the claim and the interest that has been resumed.

Should you have any concerns regarding the professional fees incurred, please contact your Council Property Officer for an indication of fees for similar claims.

When it comes to negotiating compensation, it is quite appropriate to engage a registered valuer and legal representative. Reasonable fees incurred will be included in the overall settlement package. As an indication of likely fees to be incurred, in most standard resumption cases landowners can reasonably expect this to be a combined total of approximately $6,000 (excludidng GST). If you are uncertain about the costs that may be considered reasonable for legal and valuation services, please speak with your Council Property Officer. In some cases, more consultants may need to be engaged and we suggest landowners discuss this with their Council Property Officer before proceeding.

Yes. Following publication of the Taking of Land Gazette Notice and after your claim has been lodged in accordance with the Acquisition of Land Act, you can apply for a payment of an advance against compensation at any time. Payment of an advance does not in any way affect your right to negotiate additional compensation or to have the matter independently determined by the Land Court should a negotiated settlement not be reached.

Assessment is based on the market value of the property (or your interest in the property) at the date of the gazette notice in accordance with the Acquisition of Land Act. Council will have the property independently valued by a registered valuer and your Property Officer will then contact you to discuss compensation.

An offer of compensation will be made after you have made a claim for compensation. The offer amount is formulated following careful consideration of all information available. If you are satisfied with the offer, settlement will be arranged. If you choose not to accept the offer, your Property Officer will discuss with you options for resolving differences in an open and conciliatory manner. If agreement on compensation cannot be reached, either party can refer the matter to the Land Court for an independent determination.

Generally, the compulsory acquisition of land or easements is not considered to be a supply for GST purposes and will therefore not attract GST. For more information, refer to the Australian Taxation Office website on decisions regarding GST applicability on compulsory acquisitions of land.

Voluntary agreements for the acquisition of the land or easement may attract GST.

If you are unsure of your tax obligations, we encourage you to obtain your own financial advice regarding tax liability.

The mortgagee (the claimant's bank) is entitled to be paid the compensation in the first instance, to the extent of the amount owing. A mortgagee consent or direction form will need to be completed by your mortgagee before any monies are paid to yourself or other interested parties.

If you experience hardship or difficulty in selling your property and if the land has been identified as part of a future Council infrastructure project, you may wish to discuss the matter with Council's Property Officers. Please refer to Early Acquisition of Property for Council Infrastructure Projects for more information.