The Chief Judge of the Land and Environment Court has published two new Practice Notes (PNs) for Class 3 proceedings in the Land and Environment Court. The two new PNs will commence on 2 April 2024. The notes each relate…
The Land Acquisition (Just Terms Compensation) Act 1991 (Just Terms Act) provides that an owner of an interest in land which is divested, extinguished or diminished by a compulsory acquisition is entitled to compensation. The NSW Court of Appeal has…
A notice for the proposed compulsory acquisition of land (PAN) required under the Roads Act 1993 for the WestConnex project has been ruled invalid by the Supreme Court. In addition to holding that the proposed acquisition notice failed to meet…
In Storage Equities Pty Limited v Valuer-General [2013] NSWLEC 137, the Land and Environment Court recently held that valuations of land under s6A(1) of the Valuation of Land Act 1916 are to be determined inclusive of any GST component. No adjustment…
Review of Just Terms Compensation Legislation
The State Government is calling for submissions in response to the Consultation Paper prepared by David Russell SC as part of his review of the Land Acquisition (Just Terms Compensation) Act 1991 (Act).
A recent case has succinctly set out the steps to be followed to determine the market value of land zoned for a public purpose, and the compensation payable for the acquisition of that land under the Land Acquisition (Just Terms…
‘Paper subdivisions’ – A step closer
The Planning Minister today issued a media release regarding ‘paper subdivisions’. This follows on from the release for comment of draft amendments to the Environmental Planning & Assessment Regulation 2000 (EPA Reg) dealing with ‘paper subdivisions’. ‘Paper subdivisions’ are not…
The Land and Environment Court (Biscoe J) recently handed down its decision in Sweetwater Action Group Inc v Minister for Planning [2011] NSWLEC 106 (Sweetwater), a case that dealt with the question whether security provided under a planning agreement satisfied s93F(3)(g)…