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Objection and appeal rights

Objection against amount of compensation offered

Section 66 of the Land Acquisition (Just Terms Compensation) Act 1991 provides for the dispossessed landholder, where land is compulsorily acquired, to lodge with the Land and Environment Court an objection to the amount of compensation offered by the authority of the State.

Dispossessed landholders who are not satisfied with the compensation determined must lodge an objection within 90 days with the Land and Environment Court.

The Land and Environment Court may consider an objection to a compensation determination received outside the 90 day period if there is a good cause for the objection being late.

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 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 objection within that period.

The Land and Environment Court of NSW can be contacted at Level 4, Windeyer Chambers, 225 Macquarie Street, Sydney NSW 2000 or by calling T: 02 9113 8200.

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