The compulsory land acquisition process begins with the issuing of a written Notice of Intention to Resume (NIR).
The NIR is served on all parties with an interest in the land - the landowner, easement holder, leaseholder, and/or the mortgagee.
Outline of NIR
Among other things, the NIR sets out:
- land or easement required (lot on a plan of survey, or a map that sufficiently describes the land - an 'about plan')
- purpose for which the land is required
- rights and obligations to be imposed by the easement (if applicable)
- right to object.
Parties on whom the NIR is served have at least 30 days from the date of the NIR to object to the proposed compulsory land acquisition, if they wish.
Acquisition by agreement
At any time until the resumption notice is published, the Coordinator-General remains willing to negotiate with the interested parties to compulsorily acquire their land by agreement.
These agreements are made under section 15 of the Acquisition of Land Act 1967.