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.
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.