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Before an infrastructure facility of significance (IFS) proponent can apply to the Coordinator-General to compulsorily acquire (or take) land required for the facility, the proponent must ensure (among other things):

  • reasonable and genuine steps have been taken to consult and negotiate with landowners to secure the land in good faith by agreement
  • if native title exists, reasonable steps have been taken to enter into an indigenous land use agreement
  • the statutory consultation and negotiation period requirements have been met
  • documentary evidence of the formal consultation and negotiation period has been provided
  • they can demonstrate a capacity and commitment to proceed with the development of the IFS within a reasonable period after securing the land.

Before initiating the process to compulsorily acquire the land, the Coordinator-General must be satisfied the proponent has met all statutory obligations.

The Coordinator-General may also seek independent advice on whether the proponent has taken reasonable steps to consult and negotiate with landowners and/or native title holders.

Agreement

If the Coordinator-General agrees to compulsorily acquire the land, the proponent will be required to enter into an agreement with the Coordinator-General, covering matters such as:

  • payment of fees
  • costs and expenses associated with the compulsory acquisition of the land
  • possible compensation payments to landowners and/or native title holders.

Dealing with the taken land

Land that is compulsorily acquired can be vested in the IFS proponent.

The Coordinator-General may do any or all of the following:

  • lease, or agree to lease, to any person land taken, or proposed to be taken
  • sign an agreement with any person to carry out, own, operate and maintain any works or development on land taken or proposed to be taken
  • sign an agreement with any person in relation to works or development for the land taken or proposed to be taken
  • sell land taken or agree to sell land to be taken.