When land or an interest in land is resumed in Queensland, affected persons who have a legal interest in the land are entitled to compensation under the Acquisition of Land Act 1967(Qld) (Acquisition of Land Act). When acquiring authorities handle compensation negotiations in a way that lacks transparency or fairness, the Human Rights Act 2019 (Qld) (Human Rights Act) may come into play.
This article explains how the Human Rights Act protects property owners and leaseholders (and any other affected persons who have a legal interest in the land) during the compensation process, and why acquiring authorities must meet high standards of fairness, openness, and accountability.
The Human Rights Act and Public Authorities
Under the Human Rights Act, all acquiring authorities (including state departments and councils, public service employees, local government employees and external consultants as a provider performing the function of the State or a public entity) are public entities. That means they must:
- act compatibly with human rights; and
- properly consider human rights when making decisions.
These obligations apply not only when acquiring land, but also in how authorities, including the conduct of individual property officers deal with compensation claims.
Key Human Rights in Compensation Negotiations
Property Rights, Section 24 of the Human Rights Act
Section 24(2) of the Human Rights Act sets out that “A person must not be arbitrarily deprived of their property.”
Section 24 of the Human Rights Act does not prohibit compulsory acquisition of land, but it requires that landowners are not arbitrarily deprived of their property rights, which includes its value.
Acquiring authorities that:
- refuse to disclose how compensation offers are calculated;
- bundle all entitlements into a vague “global” figure; or
- omit key heads of compensation without explanation,
may be acting inconsistently with a person’s right not be arbitrarily deprived of the person’s property.
Public Entity Obligations and Conduct of Public Entities, Section 58 of the Human Rights Act
Section 58(a) and (b) of the Human Rights Act sets out that it is unlawful for a public entity:
- to act or make a decision in a way that is not compatible with human rights; or
- in making a decision, to fail to give proper consideration to a human right relevant to the decision.
Section 58 of the Human Rights Act, requires acquiring authorities to:
- give genuine consideration to the landowner’s rights when formulating compensation offers; and
- avoid conduct that undermines property rights or fair process.
Failing to break down a compensation offer, refusing to engage on valid claims, or pressuring landowners to settle quickly may be inconsistent with this legal obligation and constitute unlawful conduct pursuant to section 58 of the Human Rights Act.
Why a Clear Compensation Breakdown Matters
Compensation under the Acquisition of Land Act includes distinct heads of compensation such as:
- value of land acquired;
- severance and injurious affection;
- disturbance (including relocation, legal, valuation and business losses); and
- professional costs.
When an acquiring authority refuses to specify how its offer addresses each category or distinct head of compensation, landowners are left in the dark. They cannot:
- verify what they are being compensated for;
- identify what is missing out of the compensation claim; or
- make a fully informed decision as to their next steps in the compensation claim process.
This lack of clarity can disadvantage claimants and undermine the fairness of the entire process.
Need Help With a Compensation Claim?
If your property, lease or business has been affected by compulsory acquisition, or if you are concerned about the way an acquiring authority is handling your compensation claim, we can help.
Contact S Day Lawyers today for advice on your rights and entitlements under both the Acquisition of Land Act and the Human Rights Act. We provide clear, strategic advice to ensure your interests are fully protected.
