Land Acquisition and Compensation Regulations 2021

You may want to discuss the offer of compensation or this statement with a solicitor, valuer or other professional adviser. Reasonable expenses which you have to pay because of the acquisition of your interest in the land can be claimed from the [name of Authority].

Form 11

Regulations 20 and 21

Land Acquisition and Compensation Act 1986

Response to offer of compensation

Person(s) accepting offer or making claim: [name(s)]

Authority making offer or claimed from: [name of Authority]

Date offer was made:

How much offer is for: [total amount of offer of compensation]

Description of land: [insert address or Title information or clear description of the land to which this response relates]

The interest in the land of the person responding to offer [give details of the interest you had in the land which was acquired, e.g. owner, tenant, mortgagee].

The person's entitlement to that interest is [give details of your entitlement, e.g. if you are a tenant, particulars of your lease].

Instructions

The following parts of this form should be read very carefully and all the parts which relate to your case must be completed. You should complete Part A, Part B or Part C below. Cross out those parts which do not apply to your case. You must complete the statement at the end of the form.

Please note that all claims for compensation should be accompanied by relevant supporting material or documents to substantiate the claim.

The [name of Authority] may also ask for further information from you when assessing your claim or when there are matters to be negotiated. You should supply all supporting material if requested to do so. You may be liable for Victorian Civil and Administrative Tribunal costs or court costs if the claim becomes disputed.

*Part A—Notice of acceptance

*I/*We accept the offer as full compensation for *my/*our land acquired by the [name of Authority].

*Part B—Notice of acceptance in part and claim for further compensation

*I/*We accept the offer as compensation for *my/*our land acquired by the [name of Authority] but *I/*we want to claim further compensation or negotiate about further things or both.

*[If you want to make a claim for further compensation] *I/*We claim to be entitled to a further sum of $ [sum] made up as follows—[set out full and complete details of your claim, including the type of loss or expenses you are claiming and how you calculated these].

*[If you want to negotiate a matter with the Authority] *I/We would like to negotiate on the following things—[set out the things which you want to discuss with the Authority].

*Part C—Rejection of offer in full and notice of claim for compensation

*I/*We dispute the amount of compensation which the [name of Authority] has offered and claim the sum of $ [sum] for compensation made up as follows—

[Complete details of claim giving particulars of calculation of the claim. You should have regard to the following items—

• market value of the interest in land;

• special value of the land to you/the claimant;

• loss attributable to severance;

• loss attributable to disturbance;

• the enhancement or depreciation in value of your/the claimant's interest in land adjoining or severed from the acquired land at the date of the acquisition;

• all legal, valuation and other professional expenses necessarily incurred by reason of the acquisition of the interest in land.

If you dispute the value given to the land by the [name of Authority], you should attach to this form a copy of the certificate(s) of valuation which have been provided to you by a valuer in respect of the valuer's valuation of the land together with a statement advising how that valuation is calculated. If you have obtained more than one valuation, the same information should be provided in respect of each valuation.

The certificate of valuation must be provided by a qualified valuer, being a person who holds the qualifications and experience specified from time to time under section 13DA(2) of the Valuation of Land Act 1960; see section 35(1)(f) of the Land Acquisition and Compensation Act 1986.]

YOU MUST COMPLETE THE FOLLOWING STATEMENT

*I/*We state that—

1 *I am/*we are the person(s) to whom the above offer of compensation was made. [If you are accepting or rejecting the offer or making a claim for compensation for somebody else under a power of attorney, you should state this.]

2 Immediately before the interest in land for which the offer was made was acquired, *I was/*we were able to sell/grant/release/lease the interest to the [name of Authority] free of any charges, mortgages, leases or other encumbrances or interests apart from those about which *I/*we have told the [name of Authority].