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If, following a final offer, agreement cannot be reached between the proponent and the registered owner of the land and/or native title holder, the Coordinator-General may decide to compulsorily acquire the land for the 'private infrastructure facility' (PIF).

The Coordinator-General must not compulsorily acquire land for a PIF unless satisfied the:

  • proponent has complied with the requirements of making a final offer
  • project will proceed within reasonable time frames
  • proponent has taken reasonable steps to enter into an indigenous land use agreement for the land (if native title exists in relation to the land).

If the Coordinator-General decides to compulsorily acquire the land, it is acquired according to the process set out in the Acquisition of Land Act 1967.

Statutory restrictions

Should statutory restrictions affect the ability of the proponent to complete the project in a timely way, the proponent and the registered owner may agree in writing that, despite reaching agreement on the purchase of the land, the Coordinator-General should acquire the land.