How is land compulsorily acquired?
The Coordinator-General can compulsorily acquire or resume land for infrastructure development in Queensland. The steps for a compulsory land acquisition process are:
- Notice of Intention to Resume
- Objection to land acquisition (if applicable)
- Application to take the land
- Resumption notice
- Compensation.
Notice of Intention to Resume
The compulsory acquisition process starts with a written Notice of Intention to Resume (NIR) being issued to all parties with an interest in the land, such as the:
- registered landowner
- easement holder
- lessee
- mortgagee.
The NIR sets out the details of the proposed resumption including the:
- land or easement required by way of a survey plan or sketch plan
- purpose for which the land is required
- rights and obligations to be imposed by the easement (if applicable)
- right to object.
Acquisition by agreement
The Coordinator-General’s preference is to negotiate to acquire land by agreement. If resumption of the land can be negotiated, then a resumption agreement (in accordance with section 15 of the Acquisition of Land Act 1967) can be reached.
Signing a resumption agreement shortens the acquisition timeframe by removing the objection process and does not affect your right to claim compensation.
2. Objection to land acquisition (if applicable)
Landowners and other interested parties that receive a NIR have at least 30 calendar days to object to the proposed compulsory land acquisition, if they wish.
Objections must:
- be in writing
- be received by the Office of the Coordinator-General by the due date stated in the NIR
- state the reasons for the objection and the facts and circumstances supporting those reasons – note that any matter relating to the amount or payment of compensation is not a valid ground for objection
- state whether a hearing in support of a written objection is requested.
Objection hearing
If a hearing is requested, this is organised to provide an opportunity for objectors to elaborate on their written objection. The objection hearing is not intended to be adversarial and does not require a legal representative to be present. However, objectors can engage a professional to assist them at the hearing if they wish.
Objectors are responsible for any costs they incur in preparation of a written objection or attendance at a hearing.
Objection report
Our office prepares a report that covers the written objection and hearing (if applicable).
We provide a copy of the preliminary report to the objector for comment.
All comments are considered before submitting the final report to the Coordinator-General.
Decision on objection
The Coordinator-General considers the objection report, along with all other relevant information and decides whether to:
- proceed with the acquisition in its current form
- amend the NIR (e.g. seek to acquire a lesser or different area)
- not proceed with the acquisition.
3. Application to take the land
If the Coordinator-General decides to proceed with a compulsory land acquisition after considering any objections, the Coordinator-General must apply to the Minister to take the land. This application must be made within 12 months of the date of the NIR or a section 15 agreement.
If the Minister agrees, a recommendation is made to the Governor in Council that the land be resumed.
4. Resumption notice
If the Governor in Council approves the resumption, a resumption notice is published in the Queensland Government Gazette. A copy of the notice is sent to all interested parties.
The taking of land is effective on the day the notice is published in the gazette. Landowners interest in the land is extinguished and converted into a right to claim compensation.
All other interests (e.g. leases, easements, and mortgages) are discharged. Any taxes, rates and charges due and unpaid at the date land is resumed remain the responsibility of the former landowner.
When vacant possession is required
The Coordinator-General can take possession of the land acquired any time after the resumption notice is published. However, the date of vacant possession can be negotiated with the former landowner if the land is not required immediately.
If an easement is resumed, the Coordinator-General can start using the easement area from the date of the notice, as vacant possession of an easement isn’t required.
When construction can commence
The land or easement acquired can be accessed to commence construction of proposed infrastructure any time after the resumption notice is published.
Construction can commence before compensation is agreed, finalised and paid.
5. Compensation
Compensation is assessed based on:
- the value of the land at the date the resumption notice is published
- disturbance costs directly caused by the resumption (if applicable).
Find out more about the compensation process including the steps involved, to understand what compensation is, when it applies and what it covers.
Relevant resources
- Frequently asked questions (
204.7 KB) - State Development Areas: Responses to landholders frequently asked questions ( 309.1 KB)
Contact us
We're here to help. Please contact us if you have any questions by:
- telephone – 1800 001 048
- email – acquisition@coordinatorgeneral.qld.gov.au.