Crib Point to Pakenham Pipeline
Is your property going to be affected by the Crib Point to Pakenham Pipeline Land Acquisition?
We act on behalf of numerous landowners and occupiers affected by the gas pipeline being proposed by APA Transmission Pty Ltd (“APA”).
As part of their Pipeline Licence Application obligations, APA has now published the route of the proposed pipeline and the parcels of land affected by that route.
We understand that APA has provided all affected landowners with an Offer to acquire the Easement rights over their property. On behalf of our current clients, we have successfully negotiated with APA to:
- Amend the Option Agreement in favour of our clients, including limiting the use of the Land by APA, requiring APA to pay all costs of the client complying with the Agreement, and limiting APA’s rights to proceed unilaterally under the Agreement; and
- Amend the Easement in favour of our clients, including restricting the size of the Easement, limiting the manner in which that Easement can be used by APA and making clear APA’s obligations to make good damage to the land following construction.
We are currently engaging a valuer on behalf of each of our clients, to provide independent oversight of the offer made by the APA, and are in the process of investigating the losses associated with businesses operated by our clients on their property.
If you are yet to obtain advice in relation to the offer put forward by APA, we suggest that you do so without delay. We confirm that all costs incurred by our clients in reviewing the Offers will be paid by APA, regardless of whether the client wishes to accept the Offer at the end of our review and advice process.
If you are not represented and wish to discuss the terms of the Offer made by APA, please contact Jayde Burr of our office on (03) 59411622 or use the contact form on this page.
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Frequently Asked Questions
Land Acquisition: Your Land, Your Rights
Whether you are approached by an authority, or whether your land is subject to a planning acquisition overlay, it is important to seek advice early when your land is being or is proposed to be compulsorily acquired.
Typically, an authority will seek to obtain information from a landholder which will allow them to formulate their offer of compensation. However, it is not always clear to the land owner the purpose to which the information being sought will be used or relied on. As such, it is important that Duffy & Simon assist you from the commencement of the process in identifying clearly the manner in which the land is or is proposed to be used, and ensuring the accuracy of the information that is provided to the authority.
There are a number of factors that must be assessed when determining compensation that flows from a compulsory acquisition. These include:
- Losses associated with a change in the market value of the land;
- Any special value which is incidental to the ownership or occupation of that land;
- Any decrease in market value of any interest in the land attributable to severance of the land, or a portion of that land;
- Financial losses suffered as a natural, direct and reasonable consequence of the acquisition;
- Costs associated with obtaining legal advice and valuations incurred as a result of the acquisition; and
- An award known as “solatium”, being not more that 10% of the market value of the acquired land, representing intangible losses such as loss of a property that has been in the possession of the owner for some time, and loss of the family home.
Duffy & Simon has local knowledge of land conditions and land uses, and together with its team of expert consultant loss assessors are best placed to assist you in understanding the process, and obtaining a truly fair and just result.
Do I have to pay my own costs?
The Authority is required to pay the reasonable costs of obtaining advice from a lawyer about your acquisition, as well as the costs of any valuers, loss assessors and forensic accountants required to determine the loss to your land and to your business. Duffy & Simon will work proactively to ensure your legal and professional costs are paid in full by the acquiring authority.
Do I have to give the authority possession?
The authority is required to negotiate with you the terms upon which it will enter into possession of the land.
Where the acquisition is proposed by way of an easement or by agreement, there is opportunity for a landholder and occupier to raise objections. This process is complicated and requires expert evidence, and must be explored prior to any agreement being entered into in relation to the land.
A formal notice of acquisition is required to be served on an affected landholder, and once served will specify the date for handing possession to the authority. The validity of this notice may be reviewed under certain circumstances.
When will I know that my interest has been acquired?
Generally, a landholder or a tenant of the land that is being acquired will be aware of the
reasons of the proposed acquisition, before the acquisition occurs. However, the acquisition process will formally commence when:
– The authority serves you a notice of intention to acquire; or
– The authority approaches you directly to negotiate the sale of your property.