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Valuation and compensation explained

Understand your entitlement to compensation and the valuation process if EnergyCo needs to acquire interests in your land under the Just Terms Act.

Compensation for land acquisition

If EnergyCo acquires an interest in your land, you are entitled to compensation under the Land Acquisition (Just Terms Compensation) Act 1991 (Just Terms Act).

The Just Terms Act sets out:

Your entitlement to compensation is the same whether the easement is acquired by mutual agreement or through compulsory acquisition.

Private sales

In some cases, private developers or renewable energy generators may approach you separately to buy or lease interests in your land for their projects.

This is a private agreement negotiated separately between you and the developer. It is not an acquisition under the Just Terms Act.

If you've been approached by a private developer, you can seek independent advice on your rights and negotiation options. Costs associated with this advice remain your responsibility for payment.

What's included in the Just Terms act

Just Terms compensation typically includes:

  • The market value relevant to the interests EnergyCo needs to acquire, including:
    • the temporary construction easement (if required)
    • the permanent transmission easement
    • switching station land and any associated access rights (if required).
  • Payment for your reasonable legal and valuation fees.

Other types of compensation may apply depending on the acquisition. Talk to your valuer and legal representative to understand what applies to you.

People looking into forested land with sun shining through the trees

Legal and valuation fees

Contact your acquisition manager to discuss what may be considered as reasonable legal and valuation costs.

If you are suffering from financial hardship and it’s necessary to incur these costs upfront, talk to your acquisition manager about options for our consideration for direct payment or advance reimbursement.

GST

If GST applies to your situation, we'll add the appropriate amount to your compensation.

Please complete the GST questionnaire that came with your opening letter to help us determine if GST applies in your case.

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How your property is valued

We use two valuations, conducted by qualified professional valuers, to ensure a fair outcome:

  1. EnergyCo's independent valuation
  2. your independent valuation.

Having two independent, professional valuations helps identify a fair compensation amount through negotiation.

When determining your entitlement to compensation for the acquisition of required interests in your land, our valuer will consider factors such as:

  • the interests to be acquired
  • the area of land to be affected
  • location
  • any impacted improvements
  • zoning
  • recent sales in the area.

This information will be captured in our valuation report. We'll exchange valuation reports when they are both ready. 

For more information, visit Understanding the land acquisition process

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Getting your own valuation

We strongly recommend engaging your own qualified valuer to:

  • provide a full valuation report of your entitlement to compensation for the acquisition
  • act as your independent expert advisor on how the acquisition impacts your property
  • negotiate on your behalf with our valuer about your entitlement to compensation.

We also encourage you to be actively involved in this process by attending meetings between the valuers and participating in valuation discussions.

Finding a qualified valuer

If you need help to arrange a valuation, you can contact your solicitor or the following organisations for independent advice.

Australian Property Institute
W: api.org.au
P: 1800 111 274

Royal Institution of Chartered Surveyors
W: rics.org/oceania
P: 1300 737 657

How compensation is paid

When the acquisition process is complete, you’ll receive payment in two stages:

 
  1. Advanced payment
2. Final payment
WhenPaid within 20 business days after the Deed of Agreement is signed.Paid after construction is complete and permanent easements are formalised, which usually takes 4 years after the initial agreement.
What's included
  • 100% of compensation for temporary construction easements
  • 80% of the agreed market value for permanent interests
  • 100% of all other agreed compensation (including legal and valuation fees)
Remaining 20% of the agreed market value for permanent interests.

Power lines - Wellington - Central-West Orana Renewable Energy Zone

Support

Acquisition manager

Your acquisition manager is your main point of contact to guide and assist you throughout the acquisition process. They'll help you with all aspects of the acquisition process.

You acquisition manager can:

  • explain and guide you through the valuation process
  • answer your questions
  • discuss your specific concerns about compensation.
Legal and conveyancing support

We recommend that you engage a solicitor to assist you during the acquisition process.

If you don't have a solicitor, you may wish to speak to the NSW Law Society who may be able to help you find a solicitor.

NSW Law Society
W: lawsociety.com.au
P: 02 9926 0300

Property Acquisition Support Line

The Property Acquisition Support Line provides free and confidential counselling services available 24 hours a day, 7 days a week to support your mental health and wellbeing. Call the Property Acquisition Support Line on 1300 089 551.

Find out more about the Property Acquisition Support Line service.

Translating and interpreting

The Translating and Interpreting Service provides interpreting services over the phone for people who speak languages other than English.

Translating and Interpreting Service
W: tisnational.gov.au
P: 131 450

Related information

Learn how EnergyCo acquires land interests for network infrastructure projects. Understand key steps and your options as an impacted landowner.

Learn about NSW's Strategic Benefit Payments Scheme for private landowners hosting major new transmission infrastructure on their land

Further information about property acquisition in NSW.

Get in touch with EnergyCo

Email us

1800 118 894 (9am to 5pm, Monday to Friday) 

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