Compensation on acquisition of an interest in land

If you are an acquiring authority or you have an interest in land that is being acquired and you do not agree with the compensation amount being claimed or offered or if there has been no offer or claim made you may be able to apply to VCAT.

The amount in dispute

If the amount in dispute is more than $50,000 you can apply to either VCAT or to the Supreme Court.

If the amount in dispute is $50,000 or less, you can only apply to VCAT except where the claim raises questions of unusual difficulty or general importance. Any party can apply to the Supreme Court to hear the case if they believe it fits this definition. The Supreme Court will make a decision about whether the case should go to VCAT or the Supreme Court.

Compensation on acquisition of an interest in land

If you are an acquiring authority or have an interest in land that is being acquired and you do not agree with the compensation amount being claimed or offered you may be able to apply to VCAT under section 80 of the Land Acquisition and Compensation Act 1986.

Compensation for land reserved for public purposes

If you have an interest in land that has been, or proposed to be, reserved for public purposes you may be entitled to compensation. Make these applications under Part 5 of the Planning and Environment Act 1987.

Compensation for an order to stop development

If you have an interest in land that has a permit which has been impacted as a result of an order to stop development being issued, you may be entitled to compensation. Make these applications under section 94 of the Planning and Environment Act 1987.

Compensation for acquisition by Heritage Council

If you have an interest in land that has been acquired which is a registered place or land on which a registered place is situated, you may be entitled to compensation. Make these applications under section 142 of the Heritage Act 1995.

Compensation for damage caused by mining

If you have an interest in land that has been damaged by mining activities you may be entitled to compensation. If your dispute relates to compensation for damage caused by mining you may be able to apply to VCAT. Make these applications under sections 85 and 88 of the Mineral Resources Development Act 1990.

Compensation for a conservation order

If you have an interest in land that has been impacted by the making or amending of an interim conservation order you may be entitled to compensation. Make these applications under sections 43 of the Flora and Fauna Guarantee Act 1988.

Compensation for a registered funded agency

If you have an interest in land that has been acquired for the purposes of a registered funded agency under the Health Services Act 1988 you may be entitled to compensation. Make these applications under sections 67 of the Health Services Act 1988.

Compensation for a pipeline

If you have an interest in land that has been impacted in relation to the construction and/or operation of a pipeline under the Pipelines Act 2005 you may be entitled to compensation. Make these applications under sections 154 of the Pipelines Act 2005.

Compensation for native title

If you have objected under section 24MD(6B)(d) of the Native Title Act 1993 to a proposed compulsory acquisition of native title rights and interests you may be entitled to a determination and/or compensation. Make these applications under sections 130 of the Major Transport Projects Facilitation Act 2009.

Need help with your application?

VCAT cannot give you legal advice. Seek legal help if you are unsure about your legal options. The following services may be able to help you:

Do I need a lawyer or professional representative?

You do not need to have legal or other professional representation to appear at VCAT. If you wish to be represented by a lawyer or a professional advocate, usually you must ask for VCAT's permission.

Find free or low-cost legal services that may be able to assist you.

Access and privacy

VCAT hearings and files are usually public.

VCAT has limited authority to restrict who can access cases and files but, in certain circumstances, you can apply for confidentiality. For more about applying for confidentiality.

Legislation that applies to this type of case

Cases VCAT can hear

VCAT can hear and decide cases under the following legislation

  • section 80 Land Acquisition and Compensation Act 1986
  • section 94(5) Planning and Environment Act 1987
  • part 5 Planning and Environment Act 1987
  • section 142 Heritage Act 1995
  • section 266(6) Water Act 1989
  • section 88 Mineral Resources (Sustainable Development) Act 1990
  • section 43 Flora and Fauna Guarantee Act 1988
  • section 67 Health Services Act 1988
  • section 154 Pipelines Act 2005
  • section 130 Major Transport Projects Facilitation Act 2009.
  • When we receive your completed application form and supporting documents we send you an initiating order. The order include dates for any compulsory conference or hearing that we have scheduled for your case. The initiating orders include information about what each party needs to do, and by what date. Read more about what happens when VCAT opens a case.

  • At VCAT we use compulsory conferences and mediation to allow the parties to work together towards a settlement. If you have been told to attend a compulsory conference, you need to prepare an opening statement. Use the opening statement to clearly state your case and what you hope to achieve. It can be a helpful starting point for discussion between the parties. You also need to think about the strengths and weaknesses of your case and the other party's case. See more about how to resolve a case by agreement.

  • A VCAT member decides the case based on witness statements, the evidence witnesses give at the hearing and the documents presented. The member also takes into account any submissions the parties make. As soon as you receive the notice of hearing from us, start preparing for the hearing. Read more about how to prepare for your final hearing.

  • Arrive at VCAT with plenty of time so that you are not late for your hearing. Move into the hearing room and wait for your case to begin. Be ready to present your case. Read more about what to expect on hearing day.

  • The VCAT member may give their decision at the end of the hearing. If they need more time they normally give a decision within six weeks of the last hearing date. The VCAT member my give reasons for the decision verbally or in writing. If you want the reasons in writing, make the request within 14 days of the hearing date. Read more about what to expect after the final hearing