The Inland Rail project connecting Melbourne to Brisbane via 1,700 km of railway track through regional Victoria, New South Wales and Queensland is being ‘fast-tracked’ by the Australian Government as part of the Covid-19 JobMaker scheme.
In Queensland, land for the project will likely be acquired through a compulsory acquisition process once the project is approved by the Coordinator-General. The project proponent, Australian Rail Track Corporation Limited (ARTC) is currently preparing environmental impact statements as part of the approval process.
Prior to commencing the compulsory acquisition process, ARTC may seek landowners’ agreement to access their properties to carry out initial investigations and field studies to assist with determining the best route for the new railway line. Landowners should ensure the terms of such agreements are worthwhile and cover potential unexpected consequences.
Once the location of the railway track has been determined, a Queensland Government appointed authority will facilitate and negotiate land resumptions.
As a starting point for the resumption, affected landowners will likely be issued with notices of intention to resume.
Landowners will be entitled to recover their reasonable costs incurred in the preparation of their compensation claims. We strong suggest landowners utilise this allowance to engage professionals to assist not only with the valuation, but the persuasiveness of their claims.
How can we help?
Thynne + Macartney has assisted landowners faced with resumptions for railways, powerlines and dams in recent years.
Author: Harriet Adcock (Lawyer)