Compulsory acquisition of sub-stratum land: when is compensation payable?

With increased development of underground infrastructure in Victoria, Queensland, Western Australia and New South Wales, the operation of compensation regimes for the compulsory acquisition of underground, or ‘sub-stratum' land is presently the subject of considerable focus.  

Generally, traditional compulsory acquisition of land entitles an owner of an interest in that land to some form of compensation. However, a separate set of rules can apply to the acquisition of sub-stratum land and, depending on the jurisdiction and the facts of the acquisition, may result in no compensation or limited compensation being payable by an acquiring authority.  

As a consequence, sub-stratum acquisitions of land present unique challenges for owners whose interests below the surface are acquired, and possibly impacted.