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The Not So Fast Inland Rail

By February 20, 2020Property Law
The not so fast Inland Rail

For those with property that will be impacted by this project we are strongly recommending that you seek legal advice as soon as possible when the Australian Rail Track Corporation (ARTC) representatives come calling.

Recently, we attended an ARTC Inland Rail event for an update on the progress of the design and building of the inland rail in our region.

The project is expected to directly impact 250 properties between the Queensland/New South Wales border and Gowrie near Toowoomba.

Negotiations regarding compensation for acquisition of property will not commence until after the ARTC has received all governmental approvals

The ARTC may also conduct field studies on individual properties. Access to your property will be governed by a land access agreement.

It is important to obtain legal advice on any documentation regarding Inland Rail before you sign it. Specifics of when, and how, your property is accessed by Inland Rail and its sub-contractors, should be considered and documented before allowing access.

An interactive map of the proposed rail corridor from the Queensland border to Gowrie can be found at: https://maps.inlandrail.com.au/b2g#/

The properties that may be affected in the North Star to the New South Wales/Queensland border area can be found at: https://maps.inlandrail.com.au/ns2nsw-qldborder#/

ARTC have indicated that the preferred method of acquiring land is through private negotiations with landowners, rather than compulsory acquisition. For this reason, it is important that effected landowners receive legal advice early on.

This will ensure that they are in the best position to negotiate with the ARTC regarding the sale of their land. In particular, it is important for landowners to understand their options and legal rights if negotiations with the ARTC are not successful and compulsory acquisition is required.

How Inland Rail will affect landowners, their properties and any businesses they run on those properties will be different in each case. Compensation for landowners will consider all of these issues, and so receiving legal advice early in the process will ensure you have the best opportunity to reach an agreement suited to your personal circumstances.

If you receive any approach or documents from ARTC you should obtain legal advice before signing anything.

What should I do if I am considering purchasing property that may be affected by the Inland Rail corridor?

Because the design and location of the expanded rail corridor is yet to be finalised, the expanded rail corridor may not appear in property searches in Queensland and New South Wales.

For this reason, it is important to check the interactive maps on the ARTC’s website to determine whether a property you are considering purchasing will be affected by the Inland Rail.

We will issue further bulletins on this topic as the project progresses.