Compulsory acquisition

Legislative overview

The Western Australian State Government, local governments and a variety of statutory authorities have been vested, by legislation, with power to acquire land.

Land may be acquired in one of two ways:

• by agreement with the owner/s; or

• by taking without the agreement of the owner.

In the latter case, the land is compulsorily acquired in accordance with procedures set out in written law. The provisions dealing with the compulsory acquisition of land and compensation are provided in Parts 9 and 10 of the Land Administration Act 1997 (LAA) (external link).

The LAA requires that where the Minister or a delegate for the “acquiring authority” is directly negotiating the acquisition of land for a public work, the landowner must be informed of the procedures for:

• the taking of land and interests in land;

• payment of purchase moneys;

• compensation for land taken;

• rights of appeal; and 

• rights relating to the future transactions for interests in land taken by agreement or compulsorily taken.

Chapter 9 of the Crown land administration and registration practice manual provides further information on compulsory acquisition of interest in land, including:

• single registration system;

• who may take land and interests in land;

• how may land and interests in land be taken;

• what comprises land and interests in land for the purpose of a taking;

• taking native title interest;

• delegations;

• acquisition by agreement;

• taking without agreement;

• notice of intention to take;

• notice of entry;

• taking order;

• designation;

• selling acquired land;

• leasing acquired land;

• easements; and 

• transitionals.