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Easements and Land Matter Guidelines

Last Post 23/04/2024 11:25:49 AM by brendan.guiney@waterdirectorate.asn.au. 6 replies.
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Easements and Land Matter Guidelines

16-01-2024 11:07 AM
 
neisenhauer@rwcc.nsw.gov.au
by neisenhauer@rwcc.nsw.gov.au
Joined 16-01-2024 10:33 AM
Posts 2
Hi All,
looking for supporting documentation to assist in this process, from initial negotionation with stakeholders, to legal advice for what our documentation needs to cover, to end.
existing supporting documentation i have looked at [i]Land Matters Guidelines – May 2012 - Water Directorate, and Land Acquisition (Just Terms Compensation) Act 1991 No 22[/i]
Regards
Natalie Eisenhauer
Riverina Water County Council

Re: Easements and Land Matter Guidelines

16-01-2024 02:55 PM
 
Goldenfields Water County Council
by Goldenfields Water County Council
Joined 22-07-2016 02:43 PM
Posts 20
Hi Natalie,
I believe the Water Directorate is looking to update their Land Matters Guidelines, however this will not be a quick outcome. NSW Government has informaiton available Property Acquisition | NSW Government however this is mostly aimed at larger projects and at providing information to the landowners rather than to assist Councils.
We have some draft items I am happy to share and to chat with you in regards to our current process. It's a difficult subject to nail down because there is a lot of conflicting advice out there.

Cheers,
Sammy Jung - Goldenfields Water County Council

Re: Easements and Land Matter Guidelines

17-01-2024 10:59 AM
 
Riverina Water County Council
by Riverina Water County Council
Joined 01-01-0001 12:00 AM
Posts 32
Thanks for your response Sammy - i will email you direct

Re: Easements and Land Matter Guidelines

17-01-2024 11:39 AM
 
Clarence Valley Council
by Clarence Valley Council
Joined 01-01-0001 12:00 AM
Posts 5
Natalie
If the proposed acquisition involves Crown Land the matter is complicated by Native Title. Under Section 8.6 of the Crown Land Management Act, 2016, Councils which manage Crown Land are required to employ or appoint at least one native title manager who is required to have approved training or qualification. If the acquisition involves Crown Land suggest talking with the constituent Council's native title manager ASAP to fund out the native title requirements.
Greg Mashiah

Re: Easements and Land Matter Guidelines

17-01-2024 12:15 PM
 
Riverina Water County Council
by Riverina Water County Council
Joined 01-01-0001 12:00 AM
Posts 32
Thanks Greg, sounds like a mine field

Re: Easements and Land Matter Guidelines AND The Land Acquisition (Just Terms Compensation) Act 1991 (the Just Terms Act) Review

23-04-2024 07:51 AM
 
Riverina Water County Council
by Riverina Water County Council
Joined 01-01-0001 12:00 AM
Posts 32
Seeking comments back about
The Land Acquisition (Just Terms Compensation) Act 1991 (the Just Terms Act)
We (NSW Government) are encouraging members of the community and interested stakeholders to respond to the discussion paper and give suggestions to the Just Terms Act and whole-of-government acquisition processes.
Submissions will be open from Friday 22 March to 5 pm Friday 3 May 2024

https://www.planning.nsw.gov.au/policy-and-legislation/under-review-and-new-policy-and-legislation/land-acquisition-review

If you deal with Land Matters and assesment of compensation for your Local Council please consider taking a look at this.

Re: Easements and Land Matter Guidelines AND The Land Acquisition (Just Terms Compensation) Act 1991 (the Just Terms Act) Review

23-04-2024 11:25 AM
 
brendan.guiney@waterdirectorate.asn.au
by brendan.guiney@waterdirectorate.asn.au
Joined 07-06-2019 12:25 PM
Posts 7
Thank you for providing the link to the Land Acquisition review. The Water Directorate will be making a submission and will also be updating our Guidelines following the outcome of the Review process.
It will be important to ensure that any changes to the legislation or acquisition processes account not only for large-scale metropolitan projects but also for regional acquisitions, and to highlight the unique challenges in regional NSW for Acquiring Authorities (such as staff/skills shortages in the property area and more broadly, access to suitably qualified legal professionals and/or valuers, and availability of acquisition resources/support).
Regards,
Jessica Gralton - Business Manager (Water Directorate)
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