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After a proposed infrastructure facility is approved as a 'private infrastructure facility' (PIF), the proponent must make the registered owner of the land a final, unconditional offer to purchase the land required for the PIF.

Where native title exists, the proponent must make the native title holder a final, unconditional offer of compensation for the surrender of native title rights and interests.

The final unconditional offer must be in accordance with section 153AE(2) of the State Development and Public Works Organisation Act 1971 (PDF).

The final unconditional offer must, for example:

  • be in writing
  • state the amount the proponent is offering to pay to purchase the land or - where native title exists as compensation
  • include the final terms of the easement (if applicable).

The proponent must provide the landowner and/or native title holder with reasonable time to consider the final offer - not less than 10 business days.

Payment of costs

The proponent must offer to pay costs reasonably incurred by the landowner and/or native title holder relating to the final offer (e.g. land valuation and legal costs).