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Compulsory Acquisition Update on Yan Yean Road Duplication – Stage 2

Yan Yean Road Duplication

Major Road Projects Victoria (“MRPV”) is undertaking planning works for the design development of the Yan Yean Road Duplication – Stage 2 Project which will involve the compulsory acquisition of land required for the Project.

We understand that MRPV is currently serving potentially affected landowners and/or tenants with Notices of Intention to Enter Land (“NOITE”) to allow access to properties to undertake planning and design works and to get a better understanding of the ground conditions in the local area. If you receive a NOITE and would like to discuss the impact of the NOITE and/or your rights associated with the service of a NOITE please contact us at your convenience.

Additionally, MRPV released the Environmental Effects Statement (“EES”) in early September 2020.

The EES examines the potential impacts the Yan Yean Road Duplication – Stage 2 Project could have on the environment and identifies how MRPV plan to avoid, reduce, and manage those impacts.

An IAC Panel Hearing is scheduled to commence on 30 November 2020 and will run until 16 December 2020 to hear from submitters regarding their concerns about the Project and at the same time, the IAC Panel will consider the EES documents. The IAC will then prepare a recommendation to the Minister for Planning as to whether the Project ought to proceed.

At this stage, we understand the Authority is expecting a decision from the Minister for Planning by mid-2021. If approvals are obtained by the Authority for the Project, a Public Acquisition Overlay (“PAO”) will be applied to the land required for the Project and the Authority will then be in a position to commence the compulsory acquisition process for the Project.

About our Compulsory Acquisition Team

Aitken Partners compulsory acquisition lawyers have more than two decades of combined experience in representing landowners, tenants, and business owners in compulsory acquisition claims in most (if not all) of Victoria’s major infrastructure projects.

If you are impacted by the Yan Yean Road Duplication – Stage 2 Project, it is imperative you engage lawyers experienced in compulsory acquisition matters to assist you in obtaining appropriate compensation. The compulsory acquisition process is covered by a unique legislative regime which does not follow standard property and conveyancing law practices.

If you are affected (or you may be affected) by the Yan Yean Road Duplication – Stage 2 Upgrade Project, please contact Natalie O’Flynn on 03 8600 6046 to arrange a time to speak with one of our compulsory acquisition lawyers regarding the proposed design for the Project and your potential rights to compensation if your land is ultimately compulsorily acquired for the Project.