Valuer General strips powers from staff to decide on compo for property owners

NSW Valuer General David Parker has revealed he has stripped powers from valuers in his office to make final decisions on compensation owed to people who lose their properties for government projects,after becoming concerned they were not complying with the law.

Dr Parker’s decision several months ago has left only him and two others in the Valuer General’s office of 120 staff to make determinations on what the state government pays to affected property owners,sparking concerns it will further delay the settlement of forced acquisitions.

The change comes as the NSW government is set to ramp up compulsory acquisitions in central Sydney over the next year for the$27 billion Metro West rail line project.

Property acquisitions near the site of the new international airport at Badgerys Creek have been controversial.

Property acquisitions near the site of the new international airport at Badgerys Creek have been controversial.Brook Mitchell

Appearing before a parliamentary inquiry on Wednesday,Dr Parker said he had withdrawn legal authority from six valuers in his office to issue determinations because of concerns they had not been compliant with “policy,court precedent or the Act”.

Apart from the Valuer General,only his deputy and the Director of Valuations have the authority to issue determinations for valuations of properties to be compulsorily acquired.

His office has been racked by turmoil this year,culminating in the state’s then head of planning,Jim Betts,directing Dr Parker in May not to communicate with any staff in Valuer General NSW other than the executive director,the executive officer and his executive assistant.

Dr Parker told the inquiry that the directive amounted to “administrative interference” from the Department of Planning,Industry and Environment (DPIE).

While the order was still in place,he could now communicate with eight out of 120 staff in his office,after the number of directors had been widened.

NSW Valuer General David Parker.

NSW Valuer General David Parker.

Labor finance spokesman Daniel Mookhey said he struggled to reconcile how the “strife” in the Valuer General’s office was not impacting on businesses or homeowners facing forced acquisitions.

He cited figures showing the time it was taking for determinations on compensation for properties compulsorily acquired had risen substantially over the past year.

In response,Dr Parker said staff in his office were managed by the Planning Department. “However long they take to produce a determination for me to review is a matter for DPIE to manage – it’s beyond my control,” he told the inquiry.

A key focus of the parliamentary inquiry has been negotiations surrounding Sydney Metro’s acquisition of 26 hectares of land around thefuture Orchard Hills train station for the $11 billion Western Sydney Airport line.

The state’s peak legal body has also called for a significant review into the state’s compulsory acquisition laws to even the stakes between the government and landowners.

NSW Law Society member Penny Murray told the inquiry on Wednesday that in recent months there had been delays of six months to get determinations from the Valuer General’s office.

Ms Murray said she also believed government agencies had taken a “much stricter approach” to the way in which they were approaching acquisitions sinceland deals at Camellia,near Parramatta,and Sydney’s new airport atBadgerys Creek had become shrouded in controversy.

“It’s very difficult to change their minds,” she said.

A spokesman for the Department of Planning said the Valuer General was an independent statutory officer,and day-to-day management of staff,who were employed by the agency,was the responsibility of executive directors.

“This provides the Valuer General with autonomy to fulfil his statutory obligations,” he said.

Landowners can appeal to the Land and Environment Court if they do not accept a determination by the Valuer General.

Matt O'Sullivan is transport and infrastructure editor at The Sydney Morning Herald.

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