Overview

      

•   1. Collector Makes Award
  

  The Collector makes an award of:

  • the area of the land;
  • the compensation which in his opinion should be allowed for the land; and
  • the apportionment of the compensation among all persons interested.

  See s 10(1).

  Collector makes written offer of compensation

  The Collector makes a written offer of the compensation to the persons interested.

  See s 40(1). 

•   2. Within 14 days
  a. Appellant lodges with Registrar the Notice of Appeal
  b. Appellant makes deposit/authorises Collector to make deposit/
  obtains waiver from Collector of required deposit
  Appellant lodges with Registrar the Notice of Appeal

  ---

  The person interested who intends to appeal to the Board (“Appellant”) lodges with the Registrar a written Notice of Appeal (in duplicate) within 14 days of the date of receipt of the award.
  
  See s 23(1)(a).  

  • the place at which all documents are lodged with the Registrar is the Registry of the Board.
  • Download Notice of Appeal

  The Registrar forwards a copy of the Notice of Appeal to the Collector.
  
  The Board may in its discretion allow the Appellant to proceed with his appeal notwithstanding that the Notice of Appeal is not lodged in time.
  
  See s 23(3).
  
  Appellant makes deposit/authorises Collector to make deposit/obtains waiver from Collector of required deposit

  ---

  The Appellant must within 14 days of the date of receipt of the Award:

  • Deposit with the Accountant-General a sum equivalent to one-third the amount of the award or $5,000 whichever is less;

                                                   OR

  • Authorise the Collector to make the deposit in a case where the compensation money held by the Collector is sufficient for the deposit;

                                                    OR 

  • Obtain a written waiver of the requirement of a deposit from the Collector.

  
  See s 23(1)(b).
  
  The Board may in its discretion allow the Appellant to proceed with his appeal notwithstanding that the deposit is not made or authorised in time.

  • Download Authorisation (Form 2)
  • See also Practice Direction No 2 of 2001

•   3. Collector Lodges Grounds of Award
  
  The Collector lodges with the Registrar his Grounds of Award.
  
  The Registrar serves a copy of the Grounds of Award on the Appellant.
  
  See s 23(2).

•   4. Within 14 days
  Appellant lodges with Registrar the Petition of Appeal
  The Appellant must lodge with the Registrar the Petition of Appeal (in duplicate) within 14 days of the date on which a copy of the Grounds of Award of the Collector has been served upon the Appellant.
  
  The Petition of Appeal must state the grounds of appeal.
  
  Except with the consent of the Board, the Appellant may not rely on any grounds of appeal other than those stated in the Petition of Appeal.
  
  See s 23(4).
  
  

  • Download form for Petition of Appeal (Form 7)

•   5. Parties may lodge Consent to Mediation under MiLAAS
  Parties to an appeal before the Board may refer to mediation under the Mediation in Land Acquisition Appeals Scheme by lodging a Consent to Mediation.
  
  Where the Award of the Collector is less than $500 000, the Board may appoint a mediator.
  
  Where the Award is $500 000 or more, the Board may also appoint a mediator if it seems fit or proper to do so.
  
  The mediator will be appointed from the panel of assessors.
  
  See Practice Direction No. 1 of 2009.

•   6. Registrar gives Notice of Pre-Hearing/e-Pre-Hearing Conference
  Pre-Hearing Conference
  The Registrar gives notice of a Pre-Hearing Conference (“PHC”). At the PHC, directions may be given and orders may be made for the further conduct of the appeal.
  
  E-Pre-Hearing Conference
  Where the parties are represented by lawyers and with their consent PHC may be conducted by email (“e-PHC”).

•   7. Registrar gives Notice of Hearing
  The Registrar fixes a time and place for the hearing of the appeal and gives at least 14 days’ notice to the parties.
  
  See s 25(1).
  
  Parties attend hearing either in person or by a lawyer
  
  See s 25(2).

•   8. Withdrawal of Appeal
  An Appellant may withdraw his appeal at any time by lodging a Notice of Withdrawal but see the Note below.
  
  Note
  Before an appeal is withdrawn, there may be questions to be decided with respect to costs, any deposit money or any other relevant matter and an Order or Direction by the Board may be required.