The law that protects you depends on where your property is. In New South Wales, it's called the Land Acquisition (Just Terms Compensation) Act 1991, or the Just Terms Act. Every other Australian state and territory has its own similar law. Most people learn about these laws only when they receive an acquisition notice in the mail. That's why it's important to understand your rights before you respond.

Key takeaways

• Each Australian state and territory has its own law for compulsory property acquisition. The law that applies to you depends on where your property is.
• All these laws are built on the same idea: the constitutional guarantee of "just terms" in Section 51(xxxi) of the Australian Constitution.
• The NSW Just Terms Act is the most well-known, but Queensland, Victoria, Western Australia, South Australia, Tasmania, the ACT, and the Northern Territory each have their own versions, with different rules and timelines.
• The law in your state sets the notice periods, your rights to object, and how your compensation is calculated. Our guide on fair compensation explains what you are entitled to.
• You can read the full text of every Act online for free. We've included links to each one below.

What the Just Terms Act actually does

The NSW Just Terms Act explains the rules the government must follow when it takes private property in New South Wales. Its main goal is to make sure owners are not left worse off financially after an acquisition. Put simply, it turns the idea of fairness into real, enforceable rights.

The Act requires the government to try to negotiate with you, usually for at least six months, before it can take your property by force. If talks don't work out, you must get a formal notice at least 90 days before the acquisition. The Act also explains what your compensation should include, such as market value, disturbance costs, severance, and a payment for having to move. If you disagree with the amount, you can have it reviewed by the Land and Environment Court.

That structure matters. It means the government cannot simply name a price and take your land. Every step, from first contact to final payment, has rules attached, and those rules are in place for your benefit.

Where "just terms" come from

It comes from Section 51(xxxi) of the Australian Constitution, which only allows the Commonwealth to acquire property "on just terms". The Australian Law Reform Commission describes this as one of the few property protections written directly into the Constitution.

Strictly speaking, that constitutional guarantee binds the Commonwealth, not the states. But every state and territory parliament has chosen to embed the same principle in its own legislation. Different titles, different procedures, same foundation: if the government takes your property, you are entitled to fair compensation and a fair process.

So while the "Just Terms Act" is technically a NSW law, the idea behind it protects property owners everywhere in Australia. The question is simply which Act gives it effect where you live.

The legislation that applies in your state or territory

Here is the full national picture. Each Act name links to the current official version, so you can read the legislation that governs your rights first-hand.

New South Wales	Land Acquisition (Just Terms Compensation) Act 1991
Queensland	The Acquisition of Land Act 1967 governs resumptions by Queensland state agencies and local governments.
Victoria	The Land Acquisition and Compensation Act 1986 covers acquisitions by Victorian authorities and sets the state's compensation rules.
Western Australia	The Land Administration Act 1997 deals with compulsory taking and compensation in Parts 9 and 10.
South Australia	The Land Acquisition Act 1969 applies to acquisitions by SA government authorities.
Tasmania	The Land Acquisition Act 1993 covers acquisitions by the Crown, councils and other Tasmanian authorities.
Australian Capital Territory	The Lands Acquisition Act 1994 governs acquisitions by the ACT Government in and around Canberra.
Northern Territory	The Lands Acquisition Act 1978 applies to NT Government acquisitions and expressly requires just terms.

If the Commonwealth itself acquires your property, for defence land or a federal project, the Lands Acquisition Act 1989 applies, and Section 51(xxxi) binds it directly.

How the process differs once you cross a border

The principle is national. The procedure is not, and the differences catch people out.

Each Act sets its own rules for things like:

• Notice and negotiation periods. NSW builds in a minimum negotiation period before compulsory acquisition; other states move to formal notices sooner.
• Objection rights and deadlines. Most jurisdictions give you a fixed window, often around 30 days, to object in writing after the initial notice. Miss it, and you lose that opportunity.
• Heads of compensation. Market value is universal, but extras like solatium are capped and calculated differently in each state.
• Where disputes are heard. Depending on the state, a contested claim might go to a specialist land court, a tribunal or the Supreme Court.

This is why advice based on the wrong state's Act can be worse than no advice at all. A timeframe that protects you in Sydney may not exist in Brisbane, and a compensation category capped in Adelaide may be uncapped in Perth. Always start from the Act that actually governs your property.

Who can help you understand the Act that applies to you?

You don't need to memorise the legislation, but someone on your side should know it inside out. Look for a specialist in compulsory acquisition, not a general property lawyer, and ideally a team that pairs legal expertise with independent valuation, because the two sides of a claim are deeply connected. In most jurisdictions, the acquiring authority covers your reasonable legal and valuation costs, so getting proper advice generally costs you nothing out of pocket.

At Resumption Experts, we work with property owners right across Australia and understand how each of the eight state and territory Acts operates. If you've received a notice or you've heard about a project near your property, get in touch and tell us which state your property is in and where you're at in the process, and we'll see how we might be able to help.