The proposed Bruce Highway Western Alternative is a project aimed at reducing the transportation challenges in the North Brisbane, Caboolture and Moreton Bay regions. The new road offers an alternate route to the congested Bruce Highway. This alleviates traffic congestion, improves road safety and accommodates the anticipated population growth of the region.

As the project goes ahead, the Department of Transport and Main Roads (TMR) may acquire certain properties to facilitate the new road construction. This article delves deeper into this and TMR’s protected planning policies.

Protected planning and notification of future land requirement

As TMR determines the exact corridor of the project, it assesses what land it needs for the project. In particular, this will affect residents and some businesses in the Moreton Bay region. TMR identifies properties within the corridor that it needs to acquire to facilitate the construction of the new highway, and assesses properties based on their location, size and suitability for the scheme.

When TMR advises you they have a land requirement for your property, it signifies their intention to acquire all or part of your land for public infrastructure projects such as roads, railways, airports or other transportation-related developments. In this case, the Bruce Highway Western Alternative.

TMR’s approved planning policy defined

In accordance with this policy, TMR categorises all planned transport corridors to provide clarity on planning protection levels and their application in development assessment processes. This establishes public expectations regarding the planning and delivery of state transport infrastructure, including land requirements. Definitions of the categories are as follows:

1. Category A - Unprotected Planning: Primarily involving internal department planning, this category serves as the default category, unless planning meets criteria that warrants placement in one of the other categories.
2. Category B - Planning in Progress: This category pertains to planning that’s available to the general public, but identified land requirements are not yet confirmed. Corridors are under scrutiny and development, yet lack the assurance of protected status.
3. Category C - Protected Planning: Approval and protection of these corridors are established but they are not currently included in funding and delivery programs. They hold strategic significance and require safeguarding against conflicting developments, despite lacking immediate funding.
4. Category D - Protected and Funded Planning: Corridors falling into this category are not only approved and protected but are also funded for construction. They represent the most advanced stage of planning and are ready for imminent implementation.

Note that some corridors identified and protected years ago may now require re-evaluation to determine their continued relevance in the evolving transport network. The reasons behind their initial approval may now have shifted. This requires reassessment to align with current conditions.

Receiving a letter from TMR

If the TMR identifies your land for potential acquisition, they will notify you in writing. The letter includes information about the project, the reasons for the resumption, and the process moving forward. If you receive a letter from TMR, call NPR Law on 07 3555 6333 to discuss the next steps with you.

What is the formal resumption process?

As outlined in the Land Acquisition Act 1967 and the Transport Infrastructure Act 1994, the formal resumption process by TMR typically follows a structured legal framework. While the specific steps may vary depending on the circumstances and individual cases, the general process typically involves the following key stages:

1. Notification: You receive a formal notification from TMR advising you of the intention to acquire your property for the construction of the Bruce Highway Western Alternative. The notification outlines the reasons for the resumption, the proposed compensation, and the process moving forward.
2. Valuation: TMR conducts a valuation of your property to determine fair compensation for the land acquisition. This valuation takes into account factors such as market value, land use, improvements, and any associated costs or losses incurred by you.
3. Negotiation: TMR engages in negotiations with you to reach an agreement on the compensation amount and any other relevant terms. This involves discussions about the valuation, potential alternative solutions, or any specific concerns you raise.
4. Compulsory Acquisition: If you can’t reach an agreement through negotiation, TMR may proceed with compulsory acquisition powers granted under the Land Acquisition Act. This involves formal legal proceedings, including the issuing of notices, hearings, and potential court proceedings to acquire the land.
5. Compensation: Once you finalise the acquisition, you receive compensation for the resumed land, as determined through valuation or agreed upon via negotiations. This compensation typically covers the market value of the land, any associated costs, and additional compensation for any losses or impacts you suffer as a result.