Compulsory Acquisition: 09 July 2020
In July 2015, the Minister for Planning determined that an Environmental Effects Statement (EES) was required as part of the Beaufort Bypass planning process. An EES provides a detailed assessment of the potential environmental impacts that may be caused by the Project.
During 2016 to 2018, Regional Roads Victoria (RRV) sought community feedback on the Beaufort Bypass and the planning process and in particular, public feedback on the various proposed options of the Beaufort Bypass.
During 2019, RRV held community consultation meetings that displayed RRV's preferred route of the future Beaufort Bypass which is to be located to the north of the Beaufort township.
We understand that the Minister for Planning is currently considering the EES prepared by RRV for approval to place it on public exhibition.
It is anticipated that the EES will be on public exhibition during the second half of 2020. The exhibition of the EES will give an opportunity for the public to gain a greater understanding of the effects of the Project and put forward submissions on the EES. After the EES has been displayed the Minister for Planning will determine if an independent advisory panel (IAP) is required to consider public submissions made on the EES.
If an IAP is required it is anticipated that a hearing will occur in mid to late 2020 to consider the public submissions, after which, the IAP will submit a report to the Minister for Planning recommending the Beaufort Bypass be adopted or recommending the RRV undertake further investigations before the Project be adopted.
If the Minister for Planning considers the IAP report and makes a decision to approve the EES then RRV will submit a formal amendment to the Pyrenees Planning Scheme to apply a Public Acquisition Overlay (PAO) to the land that will be required for the construction of the Beaufort Bypass.
RRV is not able to compulsorily acquire land required for the Beaufort Bypass until such time as a PAO has been applied to the required land. Therefore, once the PAO has been placed over the land required for the Beaufort Bypass RRV will be in a position to commence the compulsory acquisition process (subject to funding being available).
While the Beaufort Bypass is still in the planning stages, if you believe you may be impacted by RRV's preferred route for the Beaufort Bypass, we would be happy to speak to you on an obligation free basis and explain the Planning Scheme Amendment process including the application of a PAO and/or the compulsory acquisition process.
Aitken Partners Compulsory Acquisition Team has 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.
Aitken Partners compulsory acquisition team has a great deal of experience with and understands the many complexities associated with the compulsory acquisition of both residential and commercial land. For example, Aitken Partners recently acted in the Supreme Court for successful claimants in the matter of Provans Timber Pty Ltd in relation to a business being conducted on a property owned by related entities. Both entities were found to have an interest in the acquired land and therefore both entities were entitled to separate claims for compensation as a result of the acquisition.
If you are impacted by the Beaufort Bypass (or believe you may be impacted), 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 by the Beaufort Bypass, please contact Natalie O'Flynn on 03 8600 6046 to arrange a time to speak with our Compulsory Acquisition Team regarding the acquisition process and your potential rights to compensation.