North East Link Update
28 April 2020
Compulsory Acquisition Process
The Minister for Transport Infrastructure/ Minister for the Coordination of Transport: COVID-19, Jacinta Allan recently announced that the formal compulsory acquisition process for the North East Link Project has been extended until the middle of 2020 as result of COVID-19.
The Minister has outlined that whilst the formal compulsory acquisition process has been delayed for the North East Link Project that landowners, tenants and businesses can opt to commence the compulsory acquisition process now or they can wait until the middle of the year for the compulsory acquisition process to commence, depending on their personal circumstances. We understand that representatives of the North East Link Authority have commenced discussions with landowners, tenants and businesses on the options available to them.
If you have been contacted by representatives of the North East Link Authority regarding whether or not you wish to commence the compulsory acquisition process now or wait until the middle of 2020, we recommend that you discuss with us the options available to you and your rights to claim compensation.
Voluntary Purchase Scheme
In addition, the Minister has announced a Voluntary Purchase Scheme (VPS) will be implemented for property owners located in Borlase Street, Yallambie due to impacts from the early work program and future major construction.
A VPS will also be available for residents affected by the final project design of the North East Link Project, with eligibility to be finalised once the detailed design has been finalised later this year.
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 North East Link 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 by the North East Link Project, 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.