Land Acquisition (Just Terms Compensation) Act 1991

Transcription

1 Land Acquisition (Just Terms Compensation) Act 1991 Claim for compensation for compulsory acquisition of land for underground rail facilities May 2017

2 If you think you are entitled to compensation for the compulsory acquisition of Substratum Land, you may make a claim for compensation. An acquisition of Substratum Land is where an Acquiring Authority has compulsorily acquired or proposes to compulsorily acquire land or an interest in land below the surface for the purpose of underground rail facilities. We recommend that you carefully consider your entitlement to compensation before completing this form. In accordance with the Transport Administration Act 1988, compensation is only payable if: a) the surface of the overlying soil is disturbed b) the support of that surface is destroyed orinjuriously affected by the construction of those facilities c) any mines or underground working in or adjacent to the Substratum Land are thereby rendered unworkable or are injuriously affected. If you decide to make a claim for compensation, you must use the approved form below. The form will help you provide the necessary information. You will have a minimum of 60 days from the date of the Acquiring Authority s Proposed Acquisition Notice (PAN) to submit the compensation claim form to the address below, or directly to the Valuer General at Just_Terms@property.nsw.gov.au. The PAN will specify the period of time within which the Acquiring Authority requires you to return the form. The Acquiring Authority or a valuer acting on behalf of the Valuer General will then contact you to discuss your compensation claim, following which the Valuer General will determine the compensation amount (which may be nil). If you have any questions about the form, you may contact the Acquiring Authority or seek your own independent advice. Please note that the costs of obtaining independent advice will be reimbursed by the Acquiring Authority only if determined that you are entitled to compensation. TO BE COMPLETED BY THE ACQUIRING AUTHORITY This section is to be completed by the Acquiring Authority. Claimants should read the information. If you think any of the information is wrong, please note this on the form. PLEASE SEND YOUR COMPLETED CLAIM FORM TO Attention PLEASE SEND YOUR COMPLETED CLAIM FORM BY dd/mm/yyyy Acquiring authority OFFICE OF THE NSW VALUER GENERAL : Just_Terms@property.nsw.gov.au Mailing Address: PO Box 252, Parramatta NSW 2124 In the event that it is not possible to submit this compensation form for any reason within the specified time period, please contact the acquiring authority as soon as possible. Land Acquisition (Just Terms Compensation) Act 1991 Form May 2017 Page 2 of 11

3 TO BE COMPLETED BY THE CLAIMANT 1. CLAIMANT NAME AND CONTACT Family/Surname of claimant Given name of claimant 2. DESCRIPTION OF SUBSTRATUM LAND TO BE ACQUIRED (REFER TO THE PAN) LAND TITLE DETAILS (REFER TO THE PAN) Lot number Deposited Plan LAND OR INTEREST IN LAND TO BE ACQUIRED? (TICK WHICH IS APPLICABLE) Substratum below the land Easement or right to use land under the surface Land Acquisition (Just Terms Compensation) Act 1991 Form May 2017 Page 3 of 11

4 3. CLAIMANT INTEREST IN THE SUBSTRATUM LAND The Land Acquisition (Just Terms Compensation) Act 1991 defines what an interest is. Normally, a person has an interest in Substratum Land because he or she owns the Substratum Land and is on the title to the Substratum Land as the registered proprietor or the person holds a lease over the Substratum Land. PLEASE TICK THE BOX THAT DESCRIBES YOUR INTEREST IN THE SUBSTRATUM LAND. Registered proprietor The registered proprietor is the owner of the Substratum Land to be acquired. Mortgagee A mortgagee is a person or organisation that has lent money to the registered proprietor for buying the Substratum and is still owed money on the loan. Licensee A licensee is someone who is not a lessee but has permission to occupy or use the land. Lessee A lessee is someone who is leasing the Substratum Land. Other If your interest in the Substratum Land to be acquired does not fall into the above categories, please outline your interest below. IF YOU TICKED THE BOX OTHER PLEASE PROVIDE FULL DETAILS OF YOUR INTEREST IN THE SUBSTRATUM LAND. Please note: If the interest is not registered with Land and Property Information the claimant will need to provide proof of title to the interest claimed. This proof includes copies of or abstracts from all documents signed or sealed to show a legally valid interest. Land Acquisition (Just Terms Compensation) Act 1991 Form May 2017 Page 4 of 11

5 4. ARE YOU AWARE OF ANY OTHER PERSONS OR CORPORATIONS THAT MAY HAVE AN INTEREST IN SUBSTRATUM LAND? PLEASE TICK THE APPROPRIATE BOX Yes. Please proceed to question 5. No. Please proceed to question PLEASE PROVIDE THE NAME OF INTERESTED PERSON/S OR CORPORATION/S, AND THEIR. PERSON 1 Family/Surname Given name Corporation name PERSON 2 Family/Surname Given name Corporation name Land Acquisition (Just Terms Compensation) Act 1991 Form May 2017 Page 5 of 11

6 PERSON 3 Family/Surname Given name Corporation name 6. PLEASE TICK THE BOX THAT DESCRIBES THAT PERSON S OR CORPORATION S INTEREST IN THE SUBSTRATUM LAND Registered proprietor The registered proprietor is the owner of the Substratum Land to be acquired. Mortgagee A mortgagee is a person or organisation that has lent money to the registered proprietor for buying the Substratum Land and is still owed money on the loan. Licensee A licensee is someone who is not a lessee but has permission to occupy or use the Substratum Land. Lessee A lessee is someone who is leasing the land or a building on the Substratum Land. Other If you are aware of another person or corporation that may have an interest in the Substratum Land being acquired and this interest does not fall into the above categories, please provide further details below. Section 6 continued over Land Acquisition (Just Terms Compensation) Act 1991 Form May 2017 Page 6 of 11

7 IF YOU TICKED THE BOX OTHER PLEASE PROVIDE FULL DETAILS OF THE OTHER PARTY S INTEREST IN THE SUBSTRATUM LAND. For example: a person may have the benefit of an easement passing through the Substratum Land that is being acquired. Land Acquisition (Just Terms Compensation) Act 1991 Form May 2017 Page 7 of 11

8 7. NO COMPENSATION IS PAYABLE FOR AN ACQUISITION OF SUBSTRATUM LAND FOR UNDERGROUND RAIL FACILITIES EXCEPT IN CERTAIN CIRCUMSTANCES Please state a short description of why the acquisition of the Substratum Land for underground rail facilities has or will result in: (a) the surface of the overlying soil being disturbed; or (b) the support of that surface being destroyed or injuriously affected by the construction of the underground rail facilities; or (c) any mines or underground working in or adjacent to the Substratum Land being rendered unworkable or injuriously affected. PLEASE ATTACH ANY RELEVANT DOCUMENTS SUPPORTING YOUR CLAIM FOR COMPENSATION. Land Acquisition (Just Terms Compensation) Act 1991 Form May 2017 Page 8 of 11

9 8. THE VALUER GENERAL WILL DETERMINE THE AMOUNT OF FINANCIAL COMPENSATION (IF ANY) UNDER THE LAND ACQUISITION (JUST TERMS COMPENSATION) ACT 1991 FOR YOUR INTEREST IN THE SUBSTRATUM LAND THAT HAS BEEN COMPULSORY ACQUIRED. Please set out below the amount claimed by you and the basis for the claim. Please also list below descriptions of any documentation that supports the amounts claimed as compensation, and attach them to this form. Land Acquisition (Just Terms Compensation) Act 1991 Form May 2017 Page 9 of 11

10 Are there any other issues that you wish to raise in support of your application? Land Acquisition (Just Terms Compensation) Act 1991 Form May 2017 Page 10 of 11

11 9. PLEASE PROVIDE CONTACT DETAILS OF WHERE DOCUMENTS SUPPORTING YOUR CLAIM TO AN INTEREST IN THE SUBSTRATUM LAND CAN BE INSPECTED. Family/Surname of claimant Given name of claimant 10. WHAT IS THE NAME AND OF YOUR SOLICITOR OR AGENT (IF ANY)? Family/Surname of claimant Given name of claimant It is an offence under the Crimes Act 1900 to make a false or misleading statement in this form, heavy penalties apply. Land Acquisition (Just Terms Compensation) Act 1991 Form May 2017 Page 11 of 11