Public acquisition overlays

You can use our planning process glossary to help explain any technical terms included on this page.

What a public acquisition overlay is

A public acquisition overlay (PAO) is the way land is reserved for a public purpose and indicates that this land could be compulsorily acquired in the future.

The purpose of a PAO is to:

identify land which is proposed to be acquired by a minister, public authority or council
reserve land for a public purpose and to ensure that changes to the use or development of the land do not affect this
designate a Minister, public authority or council as an acquiring authority for land reserved for a public purpose.

Why land acquisition is necessary

Sometimes it is necessary for the Department of Transport and Planning to acquire land in order to:

widen roads
upgrade intersections
create a new road
improve the general safety of roads.

If the Department of Transport and Planning is the acquiring authority, the land has been reserved for road purposes.

Developing your land with a PAO in place

If a PAO applies to your land and you want to undertake certain uses or works (e.g. build a shed) on the land where the PAO applies, you will need to get a planning permit from your local council. Council will then contact the Department of Transport and Planning, who are identified in the planning scheme as the acquiring authority for their views on the proposal.

It is a good idea to contact the Department of Transport and Planning with details of your proposal before lodging a planning permit.

Property enquiry

It is a good idea to lodge a property enquiry with the Department of Transport and Planning if you are unsure if a PAO applies to your land or if you would like to find out if your land could be affected by a future transport plan.

For more information, please contact the Department of Transport and Planning.

Expiry dates

There is no expiry date for public acquisition overlays, they can be placed on land indefinitely until that land is required for road purposes.

The law in Victoria does not specify a certain amount of time for compulsory acquisition after a PAO has been placed on the land.

Acquisition process

The compulsory acquisition process undertaken by the Department of Transport and Planning will be in accordance with the Land Acquisition and Compensation Act 1986(opens in a new window).

This process can usually only occur either:

once your land has been reserved under a public acquisition overlay in the planning scheme
if the project area is designated under the Major Transport Project Facilitation Act 2009.

More information can be found via the following resources:

Compensation entitlements

Depending on your circumstances, you may be entitled to claim compensation under the Planning and Environment Act 1987(opens in a new window) prior to the Department of Transport and Planning acquiring your land.

Visit our Compensation page(opens in a new window) for more information on land acquisition compensation.

When land is no longer required

If the Department of Transport and Planning determines that your land is no longer required, the public acquisition overlay will be removed.

Any compensation paid by the Department of Transport and Planning will need to be repaid back to the Department of Transport and Planning under the Planning and Environment Act 1987(opens in a new window).

Exemptions

There are a number of exemptions to the requirement that land to be compulsorily acquired must first be ‘reserved’ under a planning scheme through its inclusion in a public acquisition overlay.

For more information, please contact the Department of Transport and Planning(opens in a new window).