> Disclaimer

Information contained in this document was correct at the time

of printing (May 2012). Coliban Water reserves the right to alter

information, as deemed necessary.

© 2012 Coliban Water

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General Enquiries:1300 363 200

Facsimile: 03 5434 1341

Website: www.coliban.com.au

Email: coliban@coliban.com.au

Postal Address:Coliban Water PO Box 2770Bendigo Delivery Centre Victoria 3554

Office Address:37-45 Bridge Street Bendigo Victoria 3550

> contact coliban water

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C M Y KCeltink Creative: Coliban Water – 6PP DL Easement Brochure – Outside. 180612

> overview. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1300 363 200 www.coliban.com.au

> easement acquisition

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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .We deliver many water infrastructure projects in our service

region for the purpose of meaningfully contributing to improving

living standards.

When delivering our infrastructure projects we try to avoid the use

of private land. However sometimes the use of private land is

necessary to construct and then maintain infrastructure.

This infrastructure provides a benefit of greater water security to

the community. The infrastructure may also add to the value of

the private land. For instance new infrastructure may allow

landholders to potentially access a water supply that previously

did not exist.

This leaflet provides an overview of how the process works when

our use of private land is necessary. Importantly this process

provides for compensation to landholders who are affected by

our use of private land. We encourage you to ask questions to

gather further information and to seek advice.

> what is an easement?. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

C M Y KCeltink Creative: Coliban Water – 6PP DL Easement Statement Brochure – Inside. 180612

> An easement is a legal right to use another’s land in a particular way. The easement may restrict the owner from using that part of their land in certain ways.

Our constructed asset will be protected by an easement. This is necessary to allow the asset to be accessed for future maintenance.

Usually we require a strip of land approximately 20 metres wide during the process of construction. Once construction has finished, easements are approximately 10 metres wide.

The easement will:

> be registered on the title of the property

> restrict the construction of significant buildings or structures on the easement, but is unlikely to affect land uses such as grazing

> generally not limit the sale of property which can still be sold or mortgaged.

Our aim during the construction of the asset and the creation of an easement is always to work with affected landowners to minimise any disruption. Our use of private land results in two direct impacts that owners of the land can be compensated for:

1. Our acquisition of an easement

2. Our access to the private land during constructionThis is where your land is being entered or occupied for the purposes of constructing an asset. You may be entitled to claim this type of compensation regardless of whether part of your land is being acquired for an easement (point 1 above).

> aquisition. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

> If we acquire an easement for the asset over part of your land you will be entitled to claim compensation under the Land Acquisition and Compensation Act 1986 (Vic).

The Act sets out the:

> processes for making a claim for compensation > basis on which any compensation claim will be assessed.

Letting you know

If we intend to acquire an interest in your land for an easement you will receive a:

> Notice of Intention to Acquire > statement setting out information about the Notice of Intention.

Between two to six months after the Notice of Intention, we will provide you with a further Notice of Acquisition. This Notice of Acquisition will include a statement of information about the acquisition. We are required to also publish this notice in the Government Gazette.

The compulsory acquisition takes effect when the Notice of Acquisition is published in the Government Gazette.

Our Offer

We are required by the Act to make to you a written offer of compensation for acquisition. This offer must then be made within 14 days of the Notice of Acquisition being published in the Government Gazette (unless further time is given).

Our offer will be based on an assessment of the change to the value of the private land caused by the easement. In some cases the constructed asset may add to the value of private land (e.g. if it allows access to a new water supply for a private landowner).

When you receive our offer you have three options:

1. Accept the offer in full2. Accept the offer and make an additional claim, or3. Reject the offer.

Your rights are detailed in the Land Acquisition and Compensation Act 1986 (Vic).

> access. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Our Entry

Under the Water Act, we can enter land to carry out our functions. Entry onto land for construction of assets must be in accordance with the provisions of the Water Act.

When entering land under the Water Act, we must comply with notification requirements and:

> Cause as little harm and inconvenience as possible

> Not stay on the land for any longer than is reasonably necessary

> Remove plant, machinery and equipment, etc. from the land on completing works, and

> Leave the land as nearly as possible in the condition in which it was found.

Compensation

A private landholder may make a claim for compensation within two years of us ceasing to occupy the land under the Land Acquisition and Compensation Act 1986 (Vic). This compensation is for pecuniary (financial) loss and expenses that are a direct, natural and reasonable consequence of us entering and occupying your land for the construction of the asset.

For properties where the land affected by construction is used for agricultural purposes, an advance payment of compensation will be made by us to the occupier. This advance payment is for expected agricultural pecuniary loss, and is assessed by an Independent Agricultural Advisor. Once construction and reinstatement have been completed, if you feel you have not been adequately compensated you may make a claim for compensation to us.

Get advice

We advise landowners to seek legal advice upon receiving a Notice of Intention to Acquire. Under the Land Acquisition and Compensation Act 1986 (Vic) we will pay any reasonable legal, valuation and other professional expenses necessarily incurred by the claimant by reason of the acquisition. It is possible to shorten these time frames by agreement between the parties involved.