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Disagreement with determination

Objection and appeal rights

Objection against the amount of compensation offered

Former land owners not satisfied with the amount of compensation determined by the Valuer General and offered to them by the acquiring authority can lodge an objection with the Land and Environment Court.

Court proceedings involving claims for compensation are between the acquiring authority and the land owner.

Objections need to be lodged within 90 days of receiving the compensation notice. If an objection is not lodged within 90 days the offer of compensation is deemed as accepted.

If an objection is lodged with the court the acquiring authority is not bound by the offer to pay the amount of compensation which was determined by the Valuer General. The acquiring authority may contend for a lower amount. However, the offer remains open for acceptance until the court determines the proceedings.

For more information about the Land and Environment Court, visit their website at www.lec.justice.nsw.gov.au.

The court can be contacted at:

Level 4, Windeyer Chambers

225 Macquarie Street

Sydney NSW 2000

by calling 02 9113 8200 or by email at lecourt@agd.nsw.gov.au.

Appeal against rejection of claim for compensation

Section 67 of the Land Acquisition (Just Terms Compensation) Act 1991 provides that a person who has not been given a determination of compensation notice and whose claim for compensation is rejected (or taken to be rejected) may appeal to the Land and Environment Court against the rejection of the claim.

Any such appeal must be lodged within 90 days after the rejection of the claim.

Where an appeal is not lodged within the 90 day period, the Land and Environment Court may consider the person’s claim for compensation if satisfied that there is good cause for the person’s failure to lodge the appeal within that period.

For more information about the Land and Environment Court, visit their website at www.lec.justice.nsw.gov.au.

The court can be contacted at:

Level 4, Windeyer Chambers

225 Macquarie Street

Sydney NSW 2000

by calling 02 9113 8200 or by email at lecourt@agd.nsw.gov.au.

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