CAAN UPDATE ON COMPULSORY ACQUISITION LAWS … S71A ADDED TO THE EXISTING LEGISLATION
BACK in 2016 the NSW LNP changed the “Compulsory Acquisition” laws and
added S71A to the existing legislation …
Previously if the Government changed their mind about needing your property they would offer it back to you … however to bypass this the government is offloading the property to another government department rather than offering it back … We understand this is what Perrottet has done, and it seems that is why they are fighting the Desane decision.
To date the NSW Government appeal against the Desane decision is awaiting decision … it may be a couple of weeks away or months away!
If Desane wins this the NSW Government is ***ked if they try the same thing again!
WE have on good information that if the NSW Government wins, Desane will take the matter to the HIGH COURT!
This legislation as it stands destroys lives!
The community must fight back; toss this LNP out and their Cohort of lobbyists, politicised bureaucrats and politicians!
Assented on Mon 14 Nov 2016 – Act No 59 of 2016
View the link for what went through Parliament; Part 71A only; there were other changes.
Land Acquisition (Just Terms Compensation) Amendment Bill 2016
 Section 71A
Insert after section 71:
71A Land not required for acquired purpose to be first offered to former owner
(1) This section applies to land:
(a) that has been acquired by an authority of the State (being an acquisition
to which this Act applied as referred to in section 5), and
(b) that the authority proposes to dispose of because the land is no longer
required for the public purpose for which it was acquired.
(2) The authority must, if practicable, first offer the land for sale to the former
owner at the market value of the land at the time the offer is made if:
(a) not more than 10 years has elapsed since the acquisition, and
(b) the authority has not made substantial improvements to the land, and
(c) the land is not Crown land, and
(d) the land is not proposed to be disposed of to another authority of the State for a public purpose.
(3) For the purposes of this section, land is no longer required for the public
purpose for which it was acquired if:
(a) the land has not been used and is no longer proposed to be used for the
public purpose for which it was acquired, or
(b) the regulations otherwise provide that the land is no longer required for
the public purpose for which it was acquired.
(4) The regulations may make provision for or with respect to offers for sale, the
review of decisions of authorities and other matters arising under this section.
(5) A person dealing with an authority of the State is not concerned to inquire
whether this section has been complied with, and the vesting in a person of an
interest in land is not affected by any contravention of this section.
(6) In this section:
former owner of land means:
(a) if the land was acquired by the authority of the State from only one
individual who is still alive or from only one corporation that is still in
existence—that individual or corporation, or
(b) in any other case—such persons (if any) that the authority of the State
considers, having regard to the interests in the land that existed
immediately before the land was acquired, should be fairly entitled to
the benefit of this section.
market value of land at any time means the amount that would be paid for the
land if it is sold by a willing but not anxious seller to a willing but not anxious buyer.