Received a “Notice of Intention to Resume” for the Moreton Motorway?

If you have received a Notice of Intention to Resume related to the Moreton Bay Motorway (Bruce Highway Western Alternative), you’re probably wondering what to do next.  Does  it means you will definitely have to leave your property?  How much time do you have to respond?

Find out what happens after you receive a notice like this and what you need to do. 

Key takeaways

• A Notice of Intention to Resume is a formal step under the Acquisition of Land Act 1967 (Qld) which lets you know the Government plans to resume/reclaim your property.
• You must lodge any written objection by the deadline in the notice, which must be at least 30 days after the notice date.
• The amount of compensation is not a valid ground for objection. Your objection has to address the acquisition itself.
• Signing a resumption agreement protects your compensation rights, but it also ends the objection stage. Read it carefully before you sign.
• Getting early legal and valuation advice from NPR Law will help you object to the resumption if you need to, and ensure you get the right amount of compensation if it goes ahead.
  

About the Moreton Motorway project

The Moreton Motorway is a planned transport corridor between Elimbah and Bald Hills in Queensland. Transport and Main Roads (TMR) is delivering the project and has 'protected' this corridor, including stage 4 from Elimbah to Moodlu, to reserve the land needed for future construction. Some existing properties may be ‘resumed’ or reclaimed by the Government in order for the project to proceed. 

As the delivering authority, TMR will be the department responsible for issuing Notices of Intention to Resume to affected property owners, and for managing the objection and compensation process that follows. 

For additional background about Moreton Motorway, take a look at our route update.

Notice of Intention to Resume: What should you do?

As explained by the Queensland Government, if your land is proposed for compulsory acquisition, you'll initially be issued a Notice of Intention to Resume.

The notice will explain your rights and give you information and options tailored to your specific property. Even after you've received a notice, the Government will be open to negotiating an acquisition by agreement and payment for the land.

If you don't agree with the proposed acquisition, you have the right to object. If you are okay with the idea, you can still negotiate to ensure you receive enough money to relocate and manage the inconvenience. 

These are the three steps a Queensland property resumption lawyer will help you to follow:

1. Check the deadline, then decide whether to object

Start with the date on your notice. Your notice must allow at least 30 days for an objection and you must respond by the due date. Follow the deadline and the service instructions exactly. Keep proof of when you received it, identify anyone else with an interest in the property (a lessee, for example), and don't assume the later compensation process gives you more time. It doesn't.

An objection explains why the acquisition shouldn't go ahead. Valid grounds might include the need for the land, the proposed area, an alternative design, or a failure to follow proper process. Compensation amount is not a valid ground to object to resumption. You can also ask to be heard, either in person or through a representative.

Get advice before you sign anything. Signing preserves your right to compensation and can shorten the process, but it also ends your ability to object. That trade-off is worth discussing with a property resumption specialist before you commit.

2. Build your evidence early

While you're deciding what to do about resumption, start gathering the documents that will support your position later: your title, plans, leases, approvals, past valuations, photographs, mortgage details and any relevant records. If only part of your property is affected, document how it changes access, services, development potential or use for the land you keep. Speak to someone with expertise in this area before entering any new lease or arrangement that could affect your compensation.

If the acquisition proceeds, a Taking of Land Notice is published in the Queensland Government Gazette and your land transfers on that date. You then have up to three years to lodge a written compensation claim.

3. Ensure fair compensation for resumption

Compensation starts with the value of your property at the acquisition date, but it doesn't stop there. It can also cover severance costs (if you only lose part of your property), impacts on your remaining land, and ‘disturbance’ costs such as relocation, reconnection and direct business losses. 

Evidence matters here, so the groundwork you do now pays off later. If agreement can't be reached in relation to your objection, unresolved amounts can go to the Land Court. 

It’s also worth noting that after you've lodged your written compensation claim, you can request an advance payment against compensation in writing. Applying for an advance doesn't limit your options later. You still keep the right to negotiate for a higher amount, or to have the matter decided independently by the Land Court if you and the authority can't reach agreement.

Talk to NPR Law before you respond to a Notice of Intention to Resume

First and foremost, a Notice of Intention to Resume is a signal to get professional advice. If you've received a notice for the Moreton Motorway project, contact NPR Law's property resumption lawyers before you respond and before you sign anything. Your lawyer can help you object to the resumption if you need to, and ensure you get fair compensation if the plan goes ahead.