Public Works Amendment Act passes: changes for landowners

October 2026

On 15 September 2026 Parliament passed the Public Works Amendment Bill under urgency. On 25 September 2026 the Bill received Royal assent. The Amendment Act changes how the Crown and local authorities acquire private land for public works, and what owners are paid when they do.

The Act is designed to make it faster and easier to build infrastructure. For affected landowners, it increases the compensation available and introduces a new payment for owners who agree to sell early.

What the Act changes

Compensation

• Incentive payment. Eligible owners who agree to sell before a notice of intention to take their land is issued will receive an additional payment of 10% of the land's value (note compensation for land acquired for critical infrastructure projects is calculated differently - see our article). The minimum incentive payment is $5,000 and the maximum is $100,000 (new section 72DA).

• Home-loss payments paid in full. Where the land includes the owner's main place of residence, the additional home-loss payment under section 72 will no longer be "up to" $50,000. It will be paid in full.

• Higher land-loss payments. For land which is not the owner’s main place of residence, the cap on the additional payment under section 72C rises from $25,000 to $35,000.

The acquisition process

• Clearer steps before a compulsory taking. Before issuing a notice of intention to take land, the authority must explain the project and why the land is needed. It must invite the owner to sell, include a registered valuer's estimate of compensation (land value and certain additional compensation provided for in the Act), and negotiate in good faith.

• Narrower objections. Objections to the Environment Court must state their grounds. Where the land is covered by a designation, the Court cannot consider whether alternative sites or routes were adequately assessed.

• Compensation disputes. Disputes go to the Land Valuation Tribunal. Before the Tribunal will hear a claim, the claimant must usually show they have taken reasonable steps to resolve it through alternative dispute resolution.

Emergency acquisitions

A new fast-track process allows land to be acquired to restore public works damaged in an emergency. It can apply to emergencies (as defined in the Emergency Management Act 2026) from November 2025 on. Under this process, owners make submissions to the acquiring authority instead of objecting to the Environment Court.

What if acquisition is already underway?

If a notice of intention to take your land was served before 23 October 2026, the existing Act generally continues to apply. However, the new compensation provisions will still apply if your land is acquired by agreement, or taken by Proclamation, after 23 October 2026.

What this means for landowners

The higher payments are welcome news. But the incentive to agree early also puts more pressure on owners to settle quickly. That makes it more important to understand what you are entitled to before you sign.

The lawyers at Grimshaw & Co are available to advise landowners on Public Works Act acquisitions and compensation.

Frequently asked questions

What is the early agreement payment under the Public Works Amendment Bill?

It is an additional payment of 10% of the land's value for owners who agree to sell before a notice of intention to take their land is issued (excluding land acquired for critical infrastructure, for which compensation is calculated differently - see our article). The minimum payment is $5,000 and the maximum is $100,000 (new section 72DA).

Does the new law apply if I have already received a notice of intention to take my land?

Generally, no. If the notice was served before the new law comes into force, the existing Act continues to apply. However, the new compensation provisions will still apply if your land is acquired by agreement, or taken by Proclamation, after 23 October 2026.

How much compensation will I get if the Crown takes my home?

Where the land includes your home, the additional home-loss payment of $50,000 under section 72 will be paid in full instead of being "up to" $50,000. Your total compensation depends on the value of your land and your circumstances, so get advice before you agree to anything.

What can I do as a landowner?

The team at Grimshaw & Co are available to advise landowners of Public Works Act acquisitions and compensation.