Local Government Act 2009

If a local government wants to acquire land in order to widen a road, the local government must give the owner of the land a notice of intention to acquire land.

A notice of intention to acquire land informs the owner in general terms of this section and section 62.

However, a local government can not, without the consent of the Planning and Environment Court, serve notice of intention to acquire land on an owner of land after the owner has applied to the local government—

for approval to subdivide the land; or

for approval, consent or permission—

to erect or use a structure on the land; or

to use the land for any other purpose.

The court may consent to the notice of intention to acquire land being served only if the court is satisfied that the purpose of the notice is to enable the local government to make, in good faith, a reasonable widening of the road.

After a local government gives an owner a notice of intention to acquire land, the owner must not erect, place, re-erect, replace or repair any structure, or part of a structure, on the land without the local government’s permission.

The local government must lodge a copy of a notice of intention to acquire land with the registrar of titles for registration on the instrument of title to the land.

The registrar of titles may register the notice of intention to acquire land even if the instrument of title is not produced.