Rail Management Act 1996

After the notice of closure has been published in the Government Gazette, the Secretary must make an offer in writing to each owner or occupier of whose entitlement to compensation the Secretary is aware.

An offer under this section must be made—

within 30 days after the date of closure; or

within such further period as—

may be agreed upon in writing between the Secretary and the owner or occupier; or

the Minister may certify.

The offer must set out the amount that the Secretary, on the information available, has assessed as a fair and reasonable estimate of the amount of compensation to which the owner or occupier is entitled.

An offer under this section must be accompanied by—

a copy of any certificate of valuation to which the Secretary has had regard in making the offer; and

a statement explaining the difference between the offer and the diminution in value shown by any valuations obtained, if there is a difference.

In making the offer the Secretary must have regard to a valuation of the private crossing adjoining land, or the owner's or occupier's interest in the private crossing adjoining land (as the case requires), carried out by the Valuer‑General or a person who holds the qualifications or experience specified under section 13DA(2) of the Valuation of Land Act 1960.

To the extent that an amount of compensation offered under this section is not disputed, the amount offered is binding upon the Secretary unless the Secretary can demonstrate that the information contained in the offer and relied upon by the Secretary in making the offer was incorrect.