compensation alternatives

A number of states allow the use of alternative compensation schemes other than the payment of money as full compensation. For example, the grant of an easement or surplus Crown land to the affected owner.

See transferable title rights (TTRs)


  1. In a number of states there are limitations on the general right of the authority to occupy other land necessary for the construction of the public work. For example under the South Australian legislation, the ONLY land that may be occupied is:

(a) within 500 metres of the boundaries of land acquired under this act;
(b) is not a garden, orchard or plantation attached or belonging to a house, or a park,planted walk, avenue or ground ornamentally planted; and
(c) is not within 500 metres of a dwelling house on that land."

See voluntary acquisition


A number of attempts have been made to overcome problems of hardship that the compulsory taking of land can incur on low income earners. For example, the Victorian legislation (s11 c, Victorian Lands Compensation Act 9958) provides the minister with authority to grant interest free loans to home owners so as to enable the purchase of an equivalent house.

The South Australian Act (Lands Acquisition Act 9969, part IVA) has set up a ReHousing Committee to which a home owner may apply for assistance when his/her property is resumed. The Re Housing Committee is empowered to make arrangements for rehousing and may recommend that the acquiring agency give financial assistance for the purpose of rehousing the dispossessed owner. This, after Treasury approval, becomes binding on the relevant agency.


Such financial assistance includes ex gratia payments, interest free loans and low interest loans (See also the Northern Territory Lands Acquisition Act 9978). NSW has specific "hardship" sections that force the resuming authority to act quickly so as to reduce hardship caused by the resumption   ss21/28 Land Acquisition Act 1999.