Part 5Compensation
Additional compensation
72GCircumstances in which compensation must not be paid under section 72F(2) or (7)
Compensation must not be paid to an owner of land under section 72F(2)(a) and (b) or (7) unless the owner gives vacant possession of the land and all buildings and structures on the land to the Minister or local authority, as the case may be,—
- on or before the vacant possession date, or any later date that the Minister or local authority allows, if the land is acquired under an agreement that specifies a vacant possession date:
- within 1 month after the date on which the Minister or local authority serves notice on the vendor or person from whom the land is taken (as the case may be) that vacant possession is required, or within any longer period that the Minister or local authority allows, if—
- the land is acquired under an agreement that does not specify a vacant possession date; or
- no agreement for sale is entered into and the land is taken by Proclamation.
- the land is acquired under an agreement that does not specify a vacant possession date; or
Compensation must not be paid to an owner of land under section 72F(2)(a) unless the owner—
- is not a willing party to the acquisition of the land; or
- is a willing party to the acquisition principally because the Minister or local authority, as the case may be, sought agreement with them to acquire the land for a critical infrastructure project.
Compensation must not be paid to an owner of land under section 72F(2)(b) unless the owner is a willing party to the acquisition principally because the Minister or local authority, as the case may be, sought agreement with them to acquire the land for a critical infrastructure project.
Compensation must not be paid to an owner of land under section 72F(7) unless the owner is a willing party to the taking principally because the Minister or local authority, as the case may be, sought agreement with them to acquire the land for a critical infrastructure project.
Notes
- Section 72G: inserted, on , by section 7 of the Public Works (Critical Infrastructure) Amendment Act 2025 (2025 No 46).


