Toowoomba New England Highway bypass: Top lawyer calls for Qld compensation legislation changes

A prominent Toowoomba lawyer has called for reforms to Queensland’s compensation laws as anger continues to grow over the planned bypass of a major highway that will impact hundreds.

Toowoomba landholders who face the prospect of having their homes resumed to make way for a new highway bypass will be short-changed by tens of thousands of dollars due to “conservative and miserly” state legislation.

That’s according to leading Toowoomba lawyer Adair Donaldson, who has called on both sides of parliament to fix Queensland’s compensation laws relating to major public projects.

Adair Donaldson of Donaldson Law.

It comes as a new community has started voicing its concerns about the planned New England Highway Bypass, which has already earnt the ire of hundreds of residents north of Toowoomba since public consultation began last week.

Dubbed the Toowoomba North South Transport Corridor, the proposal isn’t slated for construction for decades, but landowners are anxious about when, and how, the bypass will affect their properties.

Two community forums, one in Highfields and one in Westbrook, will be held in the coming days to allow locals to voice concerns and learn more about the massive project.

Mr Donaldson, who is representing Darling Downs landholders facing resumption due to the Inland Rail, said Queensland’s compensation laws under the Acquisition of Land Act were among the most conservative in the country.

He said the anger over the new bypass showcased the need for updated legislation that factored in the emotional trauma of losing one’s home — something that is considered in NSW, Victoria and the ACT.

“Our legislation in Queensland is by far one of the most conservative legislations with respect to compensation for landowners who are affected through no fault of their own,” the director of Donaldson Law said.

The proposed corridor for the Toowoomba North South Transport Corridor by the Department of Transport and Main Roads.

“In NSW, ACT and Victoria, in addition to being compensated for the land they lose, they’re also compensated for the emotional impact of losing the land.

“People should not underestimate that – if someone has invested their blood, sweat and tears into land and they get told it will be acquired for public good, that is going to be devastating.

“We’re seeing that happen here for the connection of the New England Highway.”

Mr Donaldson said he would be happy to brief both Labor and LNP politicians about the changes, which believed needed to happen as soon as possible.

“What we’re going to find is people are going to be living in this shadow of doubt as to what they can and can’t do with their properties,” he said.

“I don’t believe the current process currently is fair — (the amounts) can be anywhere from tens of thousands to hundreds of thousands, every person’s attachment to the land is different.”

Meringandan resident Sophie Oliver is concerned about how close the Toowoomba North South Transport Corridor will come to her house and the loss of koala habitat, Monday, July 17, 2023. Picture: Kevin Farmer

Forums planned for Highfields, Westbrook

One of the politicians Mr Donaldson has briefed federal Groom MP Garth Hamilton, who has organised with Toowoomba North MP Trevor Watts a joint community forum for Highfields residents on Friday night to discuss the project.

Mr Watts, who has been concerned about the consultation process for the bypass corridor, said the 6pm meeting at the Highfields Cultural Centre would allow to the community to voice concerns.

“The Toowoomba North South Transport Corridor is critical piece of infrastructure, but ensuring we get the route correct is vital,” he wrote.

More than 250 Highfields residents have provided feedback to the Department of Transport and Main Roads about the proposed corridor, with most of them being negative.

Among those who have complained is Sophie Oliver, who says she and her neighbours face losing their Meringandan properties to the project.

“We have all worked so hard to get these blocks, we’ve invested so much — there are families who have had to live in sheds because they sold their houses and they’re looking to build here,” she said.

“Multiple residents just along this one street have had sleepless nights over this.”

Westbrook residents have also started organising, with a community forum reportedly being organised for July 31 at a to-be-announced venue.

It is understood locals are mostly supportive of the concept but not the proposed corridor.

Results from a Chronicle poll show the majority of more than 120 readers (54 per cent) support the current corridor.

TMR responds to concerns

A spokesman for the Department of Transport and Main Roads told NewsCorp the new bypass would not be built for many years.

“We need to be able to connect the current and future employment and residential areas and move freight transport out of the CBD,” the statement said.

“This corridor represents the preferred option to achieve that. We have completed technical work and prior stakeholder engagement to identify this preferred corridor as being the most desirable route.

“If infrastructure investment occurs in future, TMR has a detailed process to identify and manage environmental impacts and the same federal and state laws that apply to the community also apply to TMR.”

Meringandan resident Sophie Oliver is concerned about how close the bypass will come to her house and the loss of koala habitat, Monday, July 17, 2023. Picture: Kevin Farmer

The spokesman said koala habitat was indeed impacted on the route, but none that was part of the critical areas identified by state mapping.

“TMR acknowledges that some segments of the 54km corridor will impact on core koala habitat and koala habitat restoration areas,” he said.

“The impact on habitat was assessed in an environmental scoping report — this assessment is normally undertaken later in the project life cycle, once investment in a project occurs.

“TMR decided to do this investigation years in advance of project planning in recognition of the need to consider all environmental and cultural heritage impacts as part of the route selection.”

The TMR spokesman urged residents to provide their feedback on the proposal.