A Public Acquisition Overlay (PAO) is a planning control utilised by a Minister, public authority or municipal council to identify land which is proposed to be acquired for a public purpose.
Simply put, land within a PAO is reserved for future compulsory acquisition.
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;
- ensure that changes to the use or development of the land do not prejudice the identified public purpose: and
- designate a Minister, public authority or council as an acquiring authority.
Why is land acquisition necessary?
In some circumstances, it is necessary for the Department of Transport and Planning (DTP) on behalf of the Head, Transport for Victoria (Head, TfV) to acquire land in order to:
- widen roads
- upgrade intersections
- create new road/s
- create new public transport networks
- upgrade existing public transport networks
- improve the general safety of State Transport System
Note. the Head, TfV is the relevant authority where a Schedule to a PAO identifies either the Head, TfV, the former ‘VicRoads’, or the ‘Roads Corporation’ as the acquiring authority.
Referral to the Head, TfV - Use and development of land within a PAO
Where a PAO applies to a site, a planning permit will be required for certain land uses and to carry out certain buildings and works.
Where the relevant acquiring authority is identified as the Head, TfV, an application for a planning permit lodged with the Responsible Authority will be referred to the Head, TfV. The Head TfV’s assessment seeks to ensure the proposed use or development will not prejudice the public purpose for which the land is to be acquired.
When assessing applications for use and development of land in a PAO, DTP Officers on behalf of the Head, TfV may consider the following factors (among others):
- what is being proposed – is it a permanent or temporary use or structure;
- will the proposal prejudice the delivery of the future transport project; and
- what is the purpose of the PAO – is it a currently funded project.
Expiry dates
There is no expiration for a PAO. Once applied to land, they generally remain until that land is required for its’ intended public purpose.
There is no required timeframe in which compulsory acquisition must be undertaken once a PAO has been applied to the land.
Compulsory Acquisition
When the land is required to be obtained for its public purpose, a compulsory acquisition process will be undertaken by DTP on behalf of the Head, TfV in accordance with the Land Acquisition and Compensation Act 1986(opens in a new window).
This process usually occurs either:
- once land has been reserved by a PAO in the relevant Planning Scheme; or
- if a Project Area is declared under the Major Transport Project Facilitation Act 2009.(opens in a new window)
For more information, see - Acquisition and compensation(opens in a new window).
Compensation
Depending on the circumstances, you may be entitled to claim compensation under the Planning and Environment Act 1987(opens in a new window).
For more information, see - Acquisition and compensation(opens in a new window).
Note. acquisition and compensation are complex legal processes. It is recommended you obtain independent legal advice.
Land no longer required for a public purpose
If DTP on behalf of the Head, TfV determines that land reserved is no longer required for a future public purpose, the PAO will be removed at an appropriate time.
For more information, see - Acquisition and compensation(opens in a new window).
Property enquiry
For individual property information, please visit VicPlan or search for your Planning Property Report. (opens in a new window) The relevant Report will identify if a PAO applies to the land.
Fact sheet
Updated