Project 98 - Compensation for injurious affection

Independent report
Commenced: 2005; Completed: 2008
Last updated:

Under current legislation in Western Australia, the expression 'injurious affection' is not capable of a single universal definition.  The meaning of the expression 'injurious affection' as it affects a land owner must be carefully determined from the provisions of the relevant legislation.

Unlike the Commonwealth, the Parliament of Western Australia is free to legislate to acquire property with or without the payment of compensation.  Hence there is considerable scope to amend, introduce plain language and generally reform the law of compensation for injurious affection in Western Australia.

Terms of Reference

The Commission is to inquire into and report upon whether, and if so in what manner, the principles, practices and procedures pertaining to the issue of compensation for injurious affection to land in Western Australia require reform, and in particular, and without detracting from the generality of this reference:

  1. the provisions of s 241(7) of the Land Administration Act 1997 (WA), including particularly the rights affected thereby of persons whose land is, or is proposed to be, acquired by compulsory process by the State or by an instrumentality of the State or by any other instrumentality otherwise authorised or directed by statute to acquire interests in land compulsorily, and the extent to which the adjacent land of such persons is affected by such acts and resulting works;  
  2. the law and practices in relation to compensation payable or other accommodations capable of being extended to owners and other persons with interests in alienated land where such land is to be regarded as injuriously affected under the terms of those statutes set out in Schedule 1 regulating land for public purposes or the implementation of works of a public character; 
  3. the continued use and application of the expression 'injurious affection'; and
  4. any related matter.

and to report on the adequacy thereof and on any desirable changes to the existing law and practices in relation thereto.


Report delivered.