Insights Library
Sunshine Superhub Compulsory Acquisition – A Guide for Landowners
The Sunshine Superhub is a major upgrade of the Sunshine Station precinct that will create a central interchange for regional, metropolitan and future Melbourne Airport Rail services. The project is intended to “untangle” rail movements around Sunshine by delivering new and improved platforms, an expanded concourse, bridge and track works, and associated signalling upgrades.
The project is progressing through design and delivery planning, with precinct layouts being refined, site investigations underway and property impacts assessed across the corridor. As these works advance, some land may be required – either permanently or for temporary occupation – to enable construction and operation of the Sunshine Superhub.
Best Hooper’s Property and Compulsory Acquisitions Team is assisting landowners and businesses in the Sunshine precinct to understand potential impacts, prepare strategy and evidence, and position claims for the best outcome. This article explains what the Sunshine Superhub compulsory acquisition program means for landowners, how compensation is assessed, and the practical steps landowners can take now to protect their interests.
Timeline to acquisition: key steps so far
The Sunshine precinct has been progressively brought under the Major Transport Projects Facilitation Act 2009 (Vic) (MTPF Act), which sets out the statutory framework for the delivery of major transport projects in Victoria.
In October 2022, the Premier of Victoria declared the project area for the New Regional Platform at Sunshine Station, signalling the government’s intent to prioritise Sunshine as a key interchange. This intent was advanced in June 2023 by the Minister for Planning, who designated the Project Area under the MTPF Act, identifying land needed to support future rail expansion.
Most recently, in July 2025 the Premier formally declared the Sunshine Superhub Project to be a major transport project under the MTPF Act. At the same time, the Minister for Transport Infrastructure was appointed as the Project Minister, and the Secretary to the Department of Transport and Planning was appointed as the Project Proponent. These appointments establish the governance structure that will oversee the planning and acquisition processes going forward.
Importantly, once a project is declared and a project area designated under the MTPF Act, the government is able to exercise its powers to acquire land through the Land Acquisition and Compensation Act 1986 (Vic) (LAC Act). This is the legislation that governs how land is compulsorily acquired and how compensation is assessed.
Together, these steps mean the Sunshine Superhub is now operating within the dedicated legislative framework designed for Victoria’s largest infrastructure projects. For affected landowners, this provides certainty that the project is moving into delivery and that the government has the statutory powers needed to secure land for its construction.
The compulsory acquisition process under the LAC Act
Notice of Intention to Acquire (NOITA)
A NOITA is the first formal step in the compulsory acquisition process under the LAC Act. It notifies you that the Authority intends to acquire your interest in your property. Importantly, the NOITA places restrictions on making improvements to the property without approval, as these may not be recognised in any compensation claim. For landowners, this is the time to seek independent advice so that their rights are protected from the outset.
Notice of Acquisition (NOA)
After the waiting period that follows a NOITA (no less than two months and no more than six), the Authority may publish a NOA in the Victorian Government Gazette. On publication, ownership of the property is automatically transferred to the Authority. Within 14 days, landowners must receive a formal offer of compensation. This step finalises the acquisition, but negotiations on compensation may continue well beyond this point.
Access to land (investigations and works)
Even before acquisition is finalised, the Authority may issue separate notices such as Notices of Intention to Enter Land (NOITELs) – to carry out surveys, testing or preparatory construction activities. These notices can affect day-to-day operations and should be reviewed carefully, as they sit alongside the formal acquisition process.
Your compensation rights under the LAC Act
Compensation is not limited to the market value of the land taken. Depending on circumstances, landowners may also claim for:
- Severance – the reduction in value or utility of the land that remains after part of it is acquired.
- Disturbance – costs and losses necessarily incurred as a result of the acquisition, such as relocation expenses, professional fees, lost profits, and business disruption.
- Tenant and landlord impacts – losses arising under lease arrangements, including lost rent, fit-out costs, and make-good obligations.
- Special value – where the land holds a particular or additional value that isn’t reflected in its market value.
Every property and business is different. The strength of a claim turns on evidence – valuation, planning, accounting and (for businesses) robust trading and impact analysis.
Who pays your legal and expert costs?
Under the LAC Act, the Authority must reimburse reasonable legal, valuation and other professional costs necessarily incurred because of the acquisition. In practice, that means landowners should have their own independent lawyer, valuer, and any other experts necessarily required to support their claim.
How Best Hooper Lawyers can help
Best Hooper Lawyers has one of Victoria’s leading compulsory acquisition and planning practices. Our team has guided hundreds of clients through acquisitions on state-significant projects.
For Sunshine Superhub matters, we will:
- Advise on strategy from day one – to protect your interests at each step of the acquisition.
- Quantify and evidence your full claim – coordinating independent valuers and other experts to capture market value, severance, disturbance and business impacts.
- Manage all notices and negotiations – including NOITAs, NOAs and NOITELs – so statutory steps are followed and your entitlements are preserved.
- Facilitate cost recovery – structuring our engagement so you are not out of pocket for reasonable legal and expert fees recoverable under the LAC Act.
Next steps
If your property or business is in the Sunshine Superhub Project Area, or you’ve received a NOITA/NOA or any other notices, speak with Sebastian Greenway or Jonathan Hourigan – Victoria’s leading compulsory acquisition lawyers – before you respond to the Authority or sign any documents.
You are welcome to call for a confidential, obligation-free discussion on (03) 9691 0201.
