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FAQs: Bushfire Buy-back Scheme
This page provides answers to the most frequently asked questions about the Bushfire Buy-back Scheme.
| Q: | How can I apply? How will the Bushfire Buy-back Scheme confirm my eligibility? |
| A: | Applications opened on 1 March 2012 and close on 31 May 2012. The application form can be downloaded from this website. If you would like to request that a hardcopy of the application form be mailed to you, please email bushfirebuyback@justice.vic.gov.au or call (03) 8685 1314. Once you have completed your application form please post it to: Bushfire Buy-back Scheme Criterion 1:Title records from the Land Titles Office will confirm ownership of the property, and that the correct property is being assessed. A 2008-09 rates notice identifying the correct landowner, the correct property, and addressed to that property will be used to verify that the property was the applicants principal place of residence at the time of the bushfires. The Victorian Electoral Commission will (in accordance with section 34 of the Electoral Act 2002) provide any electoral enrolment data that assists with establishing an elector history for the address, or identifying the electors enrolled at the address at the relevant time. This information will be used to verify principal place of residence. Silent elector information will not be provided or used. If you are a silent elector you may need to prove principal place of residence by other means, Criterion 2:Data from the Fire Recovery Unit (originally collated by the Victorian Bushfires Reconstruction and Recovery Authority) and supported by post-bushfires aerial photography will be used to verify that the property was destroyed in the bushfires of early 2009. If required, the valuation site visit, or a separate site visit, will be used to further confirm this criterion. Criterion 3:Data from the Fire Recovery Unit and the most recently available aerial photography will be used to verify that re-building has not commenced. The valuation report submitted by the Valuer-General Victoria and, if required, a further site visit will additionally verify this criterion. Criterion 4:Aerial photography and geospatial analysis obtained for each land parcel will be used to verify 100m from forest. If required, a site visit will be undertaken to further confirm eligibility. |
| Q: | How long will it take to process my application? |
| A: | We will start processing your application as soon as it is received. A letter will be sent to you upon receipt providing more details on the process. We will know how many applications have to be assessed when the application period closes on 31 May 2012. Once we know that number, we will write to each applicant informing them of when we are likely to be able to make an offer on, and subsequently acquire, all eligible properties (where the landowner agrees to the sale). Potentially eligible landowners who have already expressed interest though correspondence with the Buy-back Project team or attendance at an information and consultation session, will automatically be sent an application form. |
| Q: | If I sell my land and it becomes national park, can I still get access it? |
| A: | Access to the land cannot be guaranteed, even if it becomes national parkland. You may wish to contact Landcare Australia to see if it has a group in your community. Visit the Victorian Landcare Gateway website for information. |
| Q: | What will happen to the land? |
| A: | The Bushfire Land Acquisition Panel will make recommendations on the best possible future use for the land that is acquired, for example, whether it be retained by the state or be open to a possible sale to the community or other landowners. The scheme will ensure when acquiring properties that the remaining community is not left at greater bushfire risk. |
| Q: | What is the Bushfire Land Acquisition Panel? |
| A: | The Bushfire Land Acquisition Panel is chaired by the Hon. Patrick McNamara, who is also Chair of the Victorian Bushfires Appeal Fund. The Panels members are senior representatives from across Government and collectively provide expertise in bushfire risk, planning and re-building, land acquisition and land management, and working alongside bushfire affected communities. The Panel has been established to confirm the eligibility of applicants. The panel will also make recommendations on the best possible future use for land that is acquired, ensuring that the bushfire risk for neighbouring landowners does not increase. |
| Q: | What’s to stop someone building on the land? |
| A: | Land acquired under the scheme may be taken back in to the public estate and some land may be re-sold. Land that is re-sold will have a covenant placed on it to ensure that it is not sub-divided or approved for development. If a neighbouring landowner wishes to buy the land and then re-build a single residence on their new ‘enlarged’ block (existing block + acquired block), subject to the planning and building regulations (including Bushfire Attack Level, etc.) then the dwelling may be built anywhere on their property. |
| Q: | How much will I get for my land? |
| A: | Land will be valued, through Valuer-General Victoria processes, at both 1 January 2009 (pre-bushfire) and current market value (date of valuation). Landowners will be offered the higher of these two valuations. |
| Q: | Will the offer for my land be the same as the site value on the rates notice? |
| A: | Land will be valued as ‘vacant land with no improvements at highest and best use’ by the Valuer-General Victoria, at both 1 January 2009 (pre-bushfire) and current market value. A written offer will be made after the valuation report has been received, eligibility has been confirmed, and the appropriate Government approvals have been obtained. Landowners will be offered the higher of the two valuations above. The Government’s offer for land will conform to the ‘Certification of Value’ issued by the Valuer-General Victoria. As this is a voluntary scheme, the landowner may accept the offer or withdraw from the scheme. A rates notice value is determined once every two years; a site visit and full valuation report is not normally undertaken for a rates notice valuation. Rates notices may in some instances provide a ‘ballpark estimate’ of the value of the land, however this document will not be used by the Government in determining the offer price. |
| Q: | What if I don’t want to sell my land? |
| A: | Participation in the scheme is voluntary. Property owners can decide for themselves whether to apply for the scheme, and may withdraw from the scheme at any point prior to settlement. If a property is eligible for the scheme, and the landowner and government agree on the sale, an offer to acquire will be made. |
| Q: | I’m not sure if I am eligible for the Scheme, but I believe that my property should be acquired by the government. What should I do? |
| A: | Landowners whose property was affected by the 2009 bushfires are encouraged to apply for the scheme if they wish to sell. The Minister for Bushfire Response Peter Ryan has asked people not to self-select out of the process. The Bushfire Land Acquisition Panel will take a commonsense approach in assessing applications. Where a landowner is clearly ineligible, the scheme will attempt to provide other advice and assistance.
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| Q: | How do I determine if I am 100m from forest vegetation, and that vegetation adjoins a large area of forest? |
| A: | Landowners are encouraged not to self-select out of the process. The scheme does not expect landowners to be measuring out 100m from forest, or to establish if the vegetation exactly matches the description of ‘forest’. The State Government will rely on existing information, including existing maps and imagery, in making a preliminary assessment of eligibility. Site visits will also be undertaken as required during the process. |
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