If the acquisition of land cannot be finalised through negotiation, it is compulsorily acquired by the acquiring authority. This occurs when the acquiring authority publishes an acquisition notice in the Government Gazette. This normally occurs after 90 days (and up to 120 days) from the issue of the proposed acquisition notice. When an acquisition notice is published, it means:
- the Governor of New South Wales has approved the land acquisition
- the Valuer General is required to make a determination of compensation
- ownership of the land transfers to government.
However, the former landholder is generally entitled to remain in occupation of any building that was their principal place of residence or business for three months, unless a shorter period of time is approved by the minister responsible for the acquiring authority. Enquiries concerning occupation after the acquisition should be made with the acquiring authority.