Compulsory acquisition explained

If we haven’t reached an agreement 21 days after you receive the pre-PAN letter, you’ll receive a formal notice called a Proposed Acquisition Notice (PAN). This starts a minimum 90-day period called the PAN period.

You'll continue to have full use and ownership of your property during this time. We encourage you to:

• continue discussions with us to reach an agreement
• consult with your valuer and legal advisor
• ask questions about anything that's unclear

Starting the compulsory process doesn't mean negotiations stop. Most landowners reach an agreement with us during the 90-day period. We strongly prefer to reach an agreement with you directly.

During the PAN period, we will continue to seek to resolve the acquisition with you by negotiated agreement.

We will have at least 90 days to reach an agreement. You can still accept our offer at any time during the PAN period. If we reach an agreement in this time, we’ll withdraw the PAN and complete the acquisition by way of our agreement.

If an agreement isn’t reached before the end of the PAN period, the required interests in your land will be compulsorily acquired:

• an Acquisition Notice will be published in the NSW Government Gazette
• once this is published, we'll have the right to access and use the required easement and/or other required interests on your land.

After compulsory acquisition, the NSW Valuer General will independently assess and determine your entitlement to compensation.

The Valuer General’s office will contact you directly to explain the process. Compensation is assessed on the same basis under the Just Terms Act, regardless of whether acquisition is by agreement or by compulsory acquisition.

You can submit your view of fair compensation to the Valuer General using the form attached to your PAN.

Following the Valuer General’s determination, we'll send you a compensation notice to inform you of the amount of compensation payable for the acquisition as determined by the Valuer General.

If you accept the Valuer General’s determination, then payment will be made promptly following your return of the required executed documents to EnergyCo.

If you don’t accept the amount of compensation determined by the Valuer General, you can lodge an objection with the NSW Land and Environment Court.

You need to lodge an objection within 90 days of receiving a compensation notice. If you don’t lodge an objection within 90 days of receiving a compensation notice, then the Valuer General’s determination is deemed to be accepted.

If you lodge an objection:

• the Court will determine your entitlement to compensation
• you’ll receive 90% of the Valuer General’s compensation amount as an advance payment
  • this payment will be made within 28 days after EnergyCo is notified of your objection, while you wait for the court’s final decision
• Whatever amount the court determines will be your entitlement for compensation.

Your acquisition manager is your main point of contact throughout the acquisition process. They are here to help you with all aspects of the acquisition process, including compulsory acquisition.

Your acquisition manager can:

• explain the compulsory acquisition process
• answer your questions about how this will impact your property
• discuss any concerns you may have.

A place manager (also called a personal manager) is also available for your personal support at any time during the acquisition process, should you require it.

While your acquisition manager focuses on the technical acquisition and procedural aspects of the acquisition, your place manager is available to provide additional personal support tailored to your individual circumstances.

Your place manager will help identify any additional personal assistance or support services available to you.