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:
- the land acquisition process
- how compensation is determined.
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.
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.
We use two valuations, conducted by qualified professional valuers, to ensure a fair outcome:
- EnergyCo's independent valuation
- 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
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
Support
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.
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