Some authorities, usually Government agencies, can acquire Crown land compulsorily.
Most land acquired this way supports the development of public infrastructure such as schools, roads, hospitals, and parks.
NSW acquiring authorities
The NSW Land Acquisition (Just Terms Compensation) Act 1991 (Just Terms Act) provides a process for empowered authorities to acquire any interest in land for a public purpose. Entities authorised to acquire Crown land compulsorily include:
- statutory bodies representing the Crown
- councils or joint organisations under the Local Government Act 1993
- any other authority permitted by the Government.
We represent the state's interest in land administered under the Crown Land Management Act 2016. It represents the registered owner’s interest in Crown land that is subject to a compulsory acquisition.
The acquisition process
When Crown land is needed for a public purpose, authorities notify us of their plan to acquire any interest in the land as defined by the Crown Land Management Act 2016. This includes Crown reserves, travelling stock reserves, Crown roads, and other types of Crown land, such as waterways, substratum and stratum lots, easements, and commercial leases.
There may be many parties with interests in Crown land other than the registered owner. The Just Terms Act requires the acquiring authority to identify all interests in the land.
Before acquiring land, the authority must consider the rights and interests of Aboriginal people and communities. Compulsory acquisition cannot proceed if there is an undetermined Aboriginal claim over the land. If an ALC is lodged over Crown land subject to a proposed acquisition at any time prior to gazettal, the acquisition is to be deferred pending finalisation or withdrawal of that claim. Native title applies to all Crown land unless determined otherwise by the Federal Court.
The market value of the land determines the compensation the State of NSW receives. This is set by agreement between us and the authority or determined by the Office of the Valuer General. A registered valuer sets the market value.
Other parties with an interest in the land may claim compensation.
If the authority acquiring the land wants to access or build on the land while it is held in the Crown estate, the authority should contact us to discuss available options.
Notifying us of a proposed acquisition requirement
Prepare the following information and supporting documents:
- A detailed description of the proposed acquisition.
- A detailed site plan, diagram, or survey.
- An Agent’s Authority to Act (if applicable).
- Results of a recent search by Office of the Registrar, Aboriginal Land Rights Act 1983 (PDF, 124 KB) or advice from the Crown Land Aboriginal Land Strategy team.
- Evidence from the lodging Aboriginal Land Council of agreement with the proposed acquisition.
- A geospatial search report from the National Native Title Tribunal.
- For travelling stock reserves, a letter of agreement from the relevant Local Land Services office.
- For Crown reserves under management, a letter of agreement from the relevant Crown land manager.
Fees
We will send you an invoice for any fees after we receive your notification. Once you pay the notification fee, we will process your notification.