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      • Compensation Entitlement
    • About
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  • Public Works Act
    • Public Works Act
    • Compensation Entitlement
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  • FAQ
  • Contact

Public Works Act Compensation - What Are You Really Entitled

Overview

 

Under the Public Works Act 1981, compensation is not limited to the value of land taken. The legal principle is that you should be placed, as far as money can achieve it, in the same position as if the acquisition had not occurred.


Many landowners assume compensation equals “QV value” or the authority’s first valuation. That is incorrect.

The Core Heads of Compensation

Market Value

Market value must reflect:

  • Highest and best use
  • Development potential (not just current use)
  • Zoning and future plan changes
  • Access, services, and strategic location
  • Comparable market sales


Authorities often assess conservatively. Independent valuation is critical.

Severance

If only part of your land is taken, compensation must reflect the reduction in value of the remaining land.


Examples:

  • Loss of development yield
  • Reduced frontage
  • Compromised subdivision potential
  • Loss of economies of scale (rural properties)

Injurious Affection

 This covers negative impacts on land that is not physically taken but is affected by the project.

Examples:

  • Increased noise
  • Loss of privacy
  • Visual impact
  • Traffic changes
  • Biosecurity separation


This is frequently under-claimed.

Disturbance

Disturbance compensation includes real-world costs such as:

  • Relocation expenses
  • Professional fees
  • Re-establishment costs
  • Mortgage break fees
  • Temporary accommodation
  • Loss of income during transition


Proper documentation is essential.

Business Loss & Goodwill

Where a business operates from the land, compensation may include:

  • Loss of profits
  • Reduced turnover
  • Customer disruption
  • Loss of goodwill
  • Increased operating costs


These claims require accounting and valuation expertise.

Why Initial Offers Are Often Low

Acquiring authorities:


  • Focus on land value
  • Apply conservative assumptions
  • Exclude complex heads of claim
  • Assume landowners lack specialist advice


Negotiation is expected under the Act.

If you have received an offer, do not assume it reflects your full entitlement.

Early specialist advice materially improves outcomes. 

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