Receiving a Notice of Intention to Resume is the government's formal way of telling you they plan to take your property, and it triggers a series of rights, deadlines, and decisions you need to act on quickly. This notice doesn't mean you're powerless. It means the clock has started, and knowing your next steps makes all the difference.

Key takeaways:

• A Notice of Intention to Resume is a formal legal document, not a request, but it does give you the right to respond.
• You have limited time to object, negotiate, or seek independent advice. Deadlines vary by state.
• The government's initial compensation offer is rarely the best you can get.
• An independent valuation is one of the most important steps you can take after receiving this notice.
• You don't have to deal with this alone. Specialist legal and valuation advice is available.

What does that notice actually mean?

A Notice of Intention to Resume, sometimes called a Notice of Intention to Acquire (depending on your state or territory), is a formal legal document issued by a government authority such as a state department, council, or statutory body to inform you they intend to compulsorily acquire your property.

The terminology differs across Australia.

• In Queensland, it's referred to as a Notice of Intention to Resume under the Acquisition of Land Act 1967.
• In New South Wales, the equivalent is governed by the Land Acquisition (Just Terms Compensation) Act 1991.
• In Victoria, it falls under the Land Acquisition and Compensation Act 1986.

Different names, same outcome: the government wants your land, and they're following a prescribed legal process to take it.

This notice is not a fait accompli. It is a formal step in a process and your formal opportunity to respond. The notice will typically include:

• The identity of the acquiring authority
• The land or portion of land being acquired
• The purpose of the acquisition (a road project, a rail corridor, a public facility)
• A timeframe for you to object or make a submission

Understanding what you've received and what it requires of you is the foundation for everything that follows.

Your rights from the moment you receive it

Here's what many property owners don't realise: receiving a Notice of Intention to Resume doesn't mean the outcome is set in stone. You have legal rights, and those rights apply from the moment the notice arrives.

The right to object

In most Australian states and territories, you have the right to lodge a formal objection within a set timeframe from receiving the notice. Your objection should be in writing and can raise issues such as whether the acquisition is genuinely in the public interest, whether the correct process was followed, or whether the scope of the acquisition is broader than necessary.

Keep in mind objecting doesn't always stop the process. If the authority determines the project is in the public interest, it can proceed regardless. But objecting puts your concerns on record, can prompt reconsideration of the scope, and is an important step in protecting your position.

The right to compensation

You are legally entitled to compensation. The amount you receive should reflect the market value of your property at the time of acquisition, along with other entitlements such as:

• Disturbance costs (moving expenses, legal costs, valuation fees)
• Any loss in value to the land you retain if only part of your property is acquired
• Solatium, which is a payment in recognition of the non-financial disadvantage of losing your home or business premises

The government will provide an initial offer, often backed by its own valuation. But that first offer is rarely the ceiling. In many cases, it's the floor.

The right to independent advice

You are entitled to engage your own legal representation and valuer. This is your most important right. Employees of the acquiring authority prepare the government's valuation. An independent valuer working exclusively for you approaches the same property very differently.

The right to negotiate

The process doesn't move in a straight line from notice to settlement. There is a negotiation phase, and how you engage matters enormously. Understanding your entitlements and having evidence to support them puts you in a stronger position at the table.

When to act and how quickly

Timing is one of the biggest factors in how this process plays out for you. The window to object is fixed and not always generous. Missing a deadline can mean forfeiting rights that would otherwise have been available to you.

As soon as you receive your notice, you should:

• Read it carefully and note all dates. Pay close attention to objection deadlines, response requirements, and scheduled consultations.
• Do not sign or accept anything yet. Formal acceptance of an offer, even a preliminary one, can limit your future options.
• Seek independent legal advice promptly. A lawyer specialising in compulsory acquisition will review the notice, identify your obligations and entitlements, and advise you on the strongest path forward.
• Engage an independent property valuer. You need your own assessment of your property's value, not just the government's. An independent valuation forms the foundation for any compensation negotiation.
• Document everything. Keep records of all correspondence, note the date you received the notice, and keep any related documents.

Why the government's first offer is rarely the right one

The acquiring authority will provide a compensation offer based on its assessment. That assessment reflects your property's market value but may not fully account for all entitlements you are owed.

There are several reasons the initial offer may fall short:

• The government valuer may have used comparable sales that don't accurately reflect your property's highest and best use.
• Disturbance costs and consequential losses are often underestimated or omitted entirely from the first offer.
• Injurious affection, where partial acquisition reduces the value of what remains, can be a significant entitlement that requires specialist expertise to quantify.

Our team has helped hundreds of property owners achieve outcomes 5% to 27% above the initial government offer. That gap is real and often results from thorough independent valuation and skilled negotiation, not just pushing back for the sake of it.

Who handles compulsory acquisition matters in Australia?

Compulsory acquisition and property resumption are specialist areas of law. Not every property lawyer or conveyancer practises in this space, and the nuances of each state's legislation means that local expertise really matters. A lawyer must also be registered within your state or territory.

The professionals best placed to help you are:

• Compulsory acquisition lawyers who understand the relevant legislation in your state, the objection process, and how to negotiate effectively with government authorities
• Independent property valuers with specific experience in resumption matters, who can prepare a well-evidenced counter-valuation and defend it if challenged

When choosing who to work with, look for:

• Experience specifically in compulsory acquisition or resumption matters (not just general property law)
• Familiarity with projects and authorities in your state or region
• A transparent fee structure. In many cases, the acquiring authority is required to cover your reasonable legal and valuation costs as part of the compensation package.

Resumption Experts brings together specialist lawyers and independent valuers under one roof, serving property owners across all states and territories in Australia. From Queensland compulsory acquisition to New South Wales, Victoria, Western Australia, and beyond, the guidance is available wherever you are.

What happens after you respond

Once you've engaged specialist advice and lodged any objection or response within the required timeframe, the process typically moves into negotiation and valuation phases.

Here's what that generally looks like:

• The acquiring authority reviews any objections and advises whether the acquisition will proceed.
• Your independent valuer prepares a formal valuation report to support your compensation claim.
• Negotiations take place between your representatives and the government authority.
• If an agreement is reached, settlement terms are formalised, and compensation is paid.
• If no agreement is reached, the matter can be referred to a tribunal or court (such as the Land Court of Queensland or the Land and Environment Court in NSW) for determination.

The vast majority of matters are resolved through negotiation without the need for formal proceedings, but having the right specialists in your corner from the start is what makes that possible.

Not sure where to start? Let's talk it through.

If you've received a Notice of Intention to Resume and you're not sure what to do next, you don't have to figure it out alone. Contact Resumption Experts for clear, straightforward advice on your situation and your entitlements.