Program Overview
In 2024, DEECA is starting to compulsory acquire privately owned, vacant land in the Ninety Mile Beach area that was not acquired through previous voluntary acquisition programs run by Wellington Shire Council. This land is environmentally sensitive.
Some lots also have a risk of flood, fire and/or erosion. The lots with the highest environmental or cultural value will be acquired first. The land will not be sold for development but will be used for public benefit and for the protection and conservation of environmental and cultural values.
If you are a landholder, you will receive a letter when your land is due to be acquired. Other landholders will also receive a letter explaining the process. The process may take several years for all the lots to be acquired, as they must be worked through in batches. We will keep you informed as the program progresses.
Developed land or land with existing use rights will not be affected by this compulsory acquisition program. This means any existing homes in the area will not be affected by this compulsory acquisition.
A map of the lots to be acquired can be found here.
Ninety Mile Beach subdivision
The Ninety Mile Beach subdivision is a 25-kilometre strip of land between Bass Strait and Lake Reeve in East Gippsland. It includes all the undeveloped land in the area generally bounded by Paradise Beach in the north, The Honeysuckles in the south, the sand dune crest of Ninety Mile Beach, and the southern shore of Lake Reeve.
From 1955 to 1969, the land was subdivided into about 11,800 small lots before the introduction of modern planning controls. Much of the landscape is environmentally sensitive and, in some areas, at risk of flooding, erosion and bushfire. The land also has known cultural heritage values.
From June 2011 until 2021, Wellington Shire Council ran voluntary assistance or transfer schemes. Compulsory acquisition of the land was completed where landowners could not be identified after thorough searches. Some community members were concerned about this process and the future of the land. This prompted them to contact the Victorian Ombudsman, who agreed to investigate.
Victorian Ombudsman's investigation
The 2019 Ombudsman’s report recommended that, following all efforts to voluntarily acquire the land, compulsory acquisition was required to resolve the issues created by the inappropriate subdivisions. It was suggested that government acquisition of the land was the solution that would provide the most benefit to the public, the environment, Traditional Owners, and the landholders. The Minister for Environment agreed that state government was the most appropriate body to manage this process, which is why DEECA (formerly DELWP) has taken over the process from Wellington Shire Council.
Read the Ombudsman’s full report.
The future
Once acquired, the land will be managed consistently with the neighbouring Gippsland Lakes Coastal Park for its protection and public enjoyment. This land will likely be jointly managed by Parks Victoria and the Gunaikurnai. A small number of lots may be reserved for public purposes such as public utilities, road reserves and other community uses.
By managing the land in this way, the following benefits will be delivered to the community:
- Protection for biodiversity and habitat, including internationally significant waterfowl habitat, coastal dune scrub, coastal banksia woodland and other native vegetation
- Over 500 hectares of land for set aside for the environment and public enjoyment
- Protection for cultural heritage and support for Gunaikurnai aspirations for the management of Country
- The land can be managed to reduce bushfire risk and thus improve overall community safety.
FAQs and fact sheet
Q1. What land is being acquired?
The privately owned, vacant land in the Ninety Mile Beach area that was not acquired by the previous voluntary acquisition programs run by Wellington Shire Council.
Lots with the highest environmental or cultural value will be acquired first.
Q2. When is the land being acquired?
Compulsory acquisition will start in 2024.
If you are a landholder, the Department of Energy, Environment, and Climate Action (DEECA) will contact you about the program and inform you when your land is ready to be acquired. The process may take several years for all the lots to be acquired, as they must be worked through in batches. We will keep you informed as the program progresses.
Q3. Why is the land being acquired?
The land in the Ninety Mile Beach area is environmentally sensitive. To protect this land, lots are being added to the adjoining Gippsland Lakes Coastal Park. Some areas contain cultural heritage sites and environmental values that require protection, including some lots that are at risk of flooding, erosion and bushfire.
Q4. Why is it compulsory, not voluntary?
The Minister for Environment decided to acquire the land for environmental reasons and begin compulsory acquisition after the 2019 investigation by the Victorian Ombudsman.
The Ombudsman’s report recommended that, following all efforts to voluntarily acquire the land, compulsory acquisition was required to resolve the issues created by the inappropriate subdivisions. It was suggested that government acquisition of the land was the solution that would provide the most benefit to the public, the environment, Traditional Owners, and the landholders. The Minister agreed that the state government was the most appropriate body to manage this process, which is why DEECA (formerly DELWP) has taken over the process from Wellington Shire Council.
You can access the Ombudsman’s report through our website. www.marineandcoasts.vic.gov.au/ninetymilebeach
The process for the compulsory acquisition of land is undertaken in accordance with The Land Acquisition and Compensation Act 1987. This Act sets out a specific process that takes the interests of affected landholders into account. The benefit of this process is that this will give affected landholders certainty and resolution. The process does not provide an option for landholders to opt out of their land being acquired.
Q5. Why was the land sold in the first place?
The history of the planning controls and subdivisions of the Ninety Mile Beach area is covered extensively in the Ombudsman’s final report.
You can access the Ombudsman’s report and a short video at this link: Investigation into Wellington Shire Council's handling of Ninety Mile Beach subdivisions
Q6. How much will I be compensated?
Compensation amounts will be determined through a land valuation, overseen by the Valuer-General Victoria, in accordance with the Land Acquisition and Compensation Act 1986. To see the compensation offered to landholders in the past for lots in Ninety Mile Beach, you can read Wellington Shire Council’s Ninety Mile Beach Plan.
The compensation offer will be issued within 14 days of the Notice of Acquisition being published in the Government Gazette. A Certificate of Valuation from the Valuer-General will be included with the offer.
Q7. What if I am not happy with the compensation?
If you are not satisfied with your compensation offer you may begin a disputed claims process. Information on this process will be provided with your offer.
Q8. Is Wellington Shire Council still refunding rates paid on undevelopable land?
Please contact Wellington Shire council directly about refunding rates and charges made on undevelopable land since 2006. You can contact the council by phoning 1300 366 244 or emailing them at enquiries@wellington.vic.gov.au
Q9. Is there a way to keep my land?
The compulsory acquisition of land process does not provide an option for landholders to opt out of their land being acquired. The process is undertaken in accordance with The Land Acquisition and Compensation Act 1987. This Act sets out a specific process that takes the interests of affected landholders into account. The benefit of this process is that this will give affected landholders certainty and resolution.
Q10. Do I need legal representation?
Legal representation is not mandatory, but you may choose to seek legal advice to help you understand your rights and responsibilities. Reasonable legal costs may be reimbursed after itemised invoices are reviewed by DEECA.
Q11. What if I want to sell my land voluntarily now?
Our priority is to acquire the foreshore dune lots that will provide the most public benefit. If you would like to register your interest in selling sooner, you can contact the project team at 90Mile.Beach@delwp.vic.gov.au
Q12. I have a house in the Ninety Mile Beach area. Does compulsory acquisition apply to me?
No. Only privately-owned vacant land is being compulsory acquired. Your house will not be affected by this compulsory acquisition.
You can view the map of affected properties online.
Q13. What will happen to the land once acquired?
Once acquired, most of the land will be managed consistently with the neighbouring Gippsland Lakes Coastal Park. Some of the land may be more suited for council managed land, road reserves and other utilities, and local community uses. The land will not be re-sold for private development.
Q14. What is the Gippsland Lakes Coastal Park?
The Gippsland Lakes Coastal Park stretches along the Ninety Mile Beach from Seaspray to Lakes Entrance and incorporates an interconnected area of wetlands and small islands, coastal dune systems, woodlands and heathlands. It is an area of high environmental and cultural value.
The park spans approximately 17,600 hectares and is one of the parks jointly managed by the Victorian Government in equal partnership with the Gunaikurnai Land and Waters Aboriginal Corporation (GLAWAC). It offers a range of recreation activities, including camping, boating, fishing and walking tracks.
The park is managed as a national park and a coastal park under the National Parks Act 1975 (Vic).
You can find out more on the website: https://www.parks.vic.gov.au/places-to-see/parks/gippsland-lakes-coastal-park
Q15. Where can I find more information on the 2019 Victorian Ombudsman report?
You can access the Ombudsman’s report and a short video at this link: Investigation into Wellington Shire Council's handling of Ninety Mile Beach subdivisions
Q16. Who can I talk to or where can I go for more information?
If you want to talk to someone or have more questions, you can call DEECA’s call centre at 136 186 or email the project team directly at 90Mile.Beach@delwp.vic.gov.au
DEECA will respond to you within three business days.
CarbonNet is a proposed carbon transport and storage project which will be situated in the Ninety Mile Beach area. If you would like more information about the CarbonNet project, please visit their website at www.vic.gov.au/CarbonNet. You can also call the CarbonNet project team on 1800 878 968 or email carbonnet.info@.ecodev.vic.gov.au with any questions.
The fact sheet provides details into the compulsory acquisition process.
Contact us
If you want to talk to someone or have more questions, you can call DEECA’s Customer Contact Centre at 136 186.
If you wish to contact Wellington Shire Council regarding reimbursement of rates, please call 1300 366 244 or email enquiries@wellington.vic.gov.au.
Please note that Wellington Shire Council is not running the compulsory acquisition program: any enquiries related to this should be directed to DEECA.
If you would like to have this information in your own language, please contact the DEECA Customer Contact Centre on 136 186.
Εάν επιθυμείτε αυτές τις πληροφορίες στη γλώσσα σας, επικοινωνήστε με το Κέντρο Εξυπηρέτησης Πελατών DEECA στο 136 186.
Se desidera ricevere queste informazioni nella Sua lingua, contatti il Servizio Clienti di DEECA al numero 136 186.
Further information
Victoria Ombudsman’s investigation
Parks Victoria – Gippsland Lakes Coastal Park
Gunaikurnai and Victorian Government Joint Management Plan
Wellington Shire Council’s background on Ninety Mile Beach
Page last updated: 06/02/24