In accordance with a recommendation of the Victorian Ombudsman Report into the Ninety Mile Beach Subdivisions, Council is notifying of the final stage of the compulsory acquisition process for 704 undevelopable lots where the owner’s address is unknown / unable to be found despite extensive searches to find them.
6 Notices of Acquisition Compulsory Acquisition of Interest in Land for different land groupings and owners and a Statement of Rights and Obligations to Accompany the Notice was published in the Government Gazette and Herald Sun newspaper on 22 July 2021 and on land in the area.
The Notices are a declaration that Council has acquired all interests in the specified land and refers to the earlier Notice of Intention to Acquire dated 23 April 2021 under section 7(1) of the Land Acquisition and Compensation Act 1986. The acquisition is made pursuant to section 172(2) of the Planning and Environment Act 1987 because the land is not suitable for development.
The Notices of Acquisition and accompanying Statement of Rights and Obligations only apply to specified land on the Notices and does not apply to land where the owner has already registered with us in writing indicating that they do not wish to transfer their land to Council.
The compulsory acquisition of land (where owners cannot be found) has resulted in undevelopable privately-owned flood prone land being transferred into public ownership.