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Last reviewed and updated: April 2026
Have you received a Notice of Intention to Resume land in Queensland?
Getting a notice of intention to resume (NIR) your land from a government authority can be a very stressful event for a land owner. A land owner is entitled to be paid fair compensation for their loss suffered because of the land resumption in Queensland. The Acquisition of Land Act 1967 (Qld) (Act) gives a land owner the right to compensation.
The main steps of the compulsory land acquisition
process are the NIR, objections to land acquisition, application to acquire
land, resumption notice and compensation claims.
What are the steps of the compulsory
land acquisition process?
Step 1: NIR
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“All reasonable legal fees to |
The NIR is served on all parties with an interest in the
land such as the land owner, easement holder, lease holder and/or
mortgagee.
Step 2: Objection
A land owner has 30 days from the date of the NIR to object to the proposed compulsory land acquisition in Queensland. The land owner is responsible for any costs incurred in engaging professionals to assist them with the written objection or the hearing. If the land owner does not object, the Authority will proceed with a gazette notice and become the land owner from the Gazettal date.
Step 3:
Application to Acquire Land
The Coordinator-General and the Minister will consider
the compulsory acquisition and apply to the Governor in Council to resume the
land. The Coordinator-General’s
application to the Minister must be made within 12 months of the NIR date.
Step 4:
Resumption Notice
If the Governor-General approves the compulsory land
acquisition, then a resumption notice is published in the Queensland Government
Gazette. Upon publication, the
Coordinator-General becomes the land owner (or easement). Access and construction on the land can
proceed before compensation is paid.
Step 5: Compensation
Claiming Compensation
Upon publication in the Government Gazette, a land
owner can lodge a written claim for compensation within 3 years of the
resumption notice publication date.
Engage Professional Services
Land owners can engage a registered land valuer to
assess the property value and also appoint a solicitor to prepare and lodge the
claim on their behalf. All reasonable
legal fees to prepare and lodge a claim, are reimbursed to the land owner as
part of their overall compensation payout.
Compensation Offer
The Coordinator-General will arrange and independent
land valuation and then make the land owner an offer.
The land owner then chooses to either accept or reject
the offer. If the land owner chooses to
reject the offer, the parties will meet to negotiate a settlement. If the parties cannot agree on the
compensation, either party can refer the matter to the Land Court.
Following the lodgment of a claim, an advance payment
against the compensation can be requested in writing. This payment does not affect your right to
have the matter determined by the Land Court.
Where to go for help
If you ever find yourself in this situation, our
experienced team of lawyers can assist you to develop a strong case in support
of any compensation claims. Do not
expect that the government authority will be generous in any offers they make.
We can assist you with the preparation, lodgment and
negotiation of your compensation claim.
All reasonable legal fees to prepare and lodge your
compensation claim, will be reimbursed to you as part of your overall
compensation payout – this means no cost to you.
Conclusion
If you are uncertain about the compulsory acquisition process or are being affected by the Cross River Rail Delivery Authority, please get in contact with us to discuss your specific requirements. It won’t cost you anything to ask.
Compulsory land acquisition frequently asked questions
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How Boss Lawyers Can Help
If you need guidance on this issue, our experienced team can provide practical, strategic advice tailored to your situation. Our practice areas include commercial litigation lawyers, building and construction lawyers.
Contact Boss Lawyers on 1300 267 711 or visit bosslawyers.com.au.
Disclaimer: This article provides general information only and does not constitute legal advice. You should obtain specific legal advice relevant to your circumstances before taking any action.
This is general information only and is not legal advice. You should obtain professional advice specific to your circumstances. For expert advice, contact Boss Lawyers on 1300 267 711.
