On 27 November 2014 a media statement was issued by the Office of the Premier, the Hon Colin Barnett, and the Office of the Attorney General, the Hon Michael Mischin, about proposed reforms to overhaul private property rights in Western Australia.
In particular, the reforms are intended to:
- Change laws to ensure compensation is provided for land acquisition; and
- Have a fairer and more transparent approach for landowners,
when public works are carried out on their property by the State Government.
The Land Acquisition Legislation Amendment (Compensation) Bill 2014 was introduced into the WA Parliament on 27 November, with the stated intention being to ensure that the full impact of taking an interest in land, such as purchasing it, taking an easement over it or leasing it, was reflected in compensation awarded.
Amendments proposed by the Bill would be to the Land Administration Act 1997, Energy Operators (Powers) Act 1979, Water Agencies (Powers) Act 1984 and the Water Services Act 2012 with the aim to reduce inconsistencies between legislation relating to the compensation for taking of land and effect greater recognition of the true impact on landholder of land taken for public works. The Bill gives effect to some recommendations of the Law Reform Commission's 2008 report on Compensation for Injurious Affection.
A further update will be provided upon the Bill substantially progressing through Parliament.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
Kott Gunning is a proud member of 
