The Valuer General is an independent statutory officer, appointed by the Governor of New South Wales to oversee the State's land valuation system.
This independence is important so there is clear separation between the acquisition of land by government for a public purpose and the determination of compensation.
When a landholder and an acquiring authority are unable to negotiate the purchase of the land, an acquiring authority can compulsorily acquire land for a public purpose.
The Valuer General is required by the Land Acquisition (Just Terms Compensation) Act 1991 to independently determine the amount of compensation to be paid by the acquiring authority to the former landholder.
Importantly, the Valuer General does not act for either the former landholder or the acquiring authority.
The Valuer General is responsible for:
- ensuring landholders are fairly compensated when their land is compulsorily acquired
- providing an independent, fair and transparent process for determining the amount of compensation.
Property NSW manages the determination of compensation process on behalf of the Valuer General.
Landholders and acquiring authorities are encouraged to provide information, ask questions and clarify matters during the determination of compensation.
We consider the information landholders and acquiring authorities provide when determining the amount of compensation.
Our contact with you
Our first contact with landholders is usually after the Valuer General is advised by the acquiring authority that a proposed acquisition notice has been issued. We write to landholders to:
- tell them about the Valuer General’s role
- tell them why it is important to complete the section 39 claim for compensation form
- give them the name of the Property NSW coordinator, who is the landholder’s contact point throughout the process
- tell them where to find the Valuer General’s policy Compensation following compulsory acquisition (PDF 170.3 KB), which details how compensation is determined
- give them the Compulsory acquisition, NSW Valuer General’s role (PDF 795.1 KB) brochure which also has information about the compensation process and how compensation is determined.
During the determination of compensation process
- If the matter progresses to compulsory acquisition, we send a letter to the former landholder and acquiring authority to explain the sharing of information between the former landholder and acquiring authority and provide copies of this information, where held.
- The valuer assessing the determination of compensation will inspect the property with the landholder, or their representative, if available. Where possible the valuer will address issues and concerns.
- The Property NSW coordinator and/or valuer is available to discuss issues with the landholder or their representative and acquiring authority at any time during the process. This presents opportunities to provide additional submissions, discuss concerns, ask questions and where possible, attempt to settle any disagreements over matters of fact prior to the determination being made.
- When compensation is being determined, information provided by both the landholder and the acquiring authority as well as reports independently requested on behalf of the Valuer General will be considered.
Issuing the determination of compensation
The Valuer General issues the determination of compensation to the acquiring authority. This is a requirement of the Land Acquisition (Just Terms Compensation) Act 1991.
- The determination includes the full valuation report which:
- shows what has been considered by the valuer
- addresses the concerns recorded by the former landholder on the section 39 claim for compensation form
- addresses any other valuation issues raised by either the former landholder or acquiring authority during the valuation process
- explains how the amount of compensation was determined.
- The acquiring authority is responsible for providing the determination of compensation including the valuation report to the former landholder.
- After the Valuer General has issued the determination of compensation, the Property NSW coordinator is available to discuss the determination with the landholder, their representative or acquiring authority.