Head of Claim, Identified/described/ case reference/ applied (250 each) Legistlation The impact of wine sales adn produc

[answerhappygod]

Head of Claim, Identified/described/ case reference/
applied (250 each)
Legistlation
The impact of wine sales adn production will probs be
one also
Scenario
I'm a valuer retained in a matter involving the compulsory
Acquistion(resumption) of a substance portion of a vineyard by the
department of transport &main roads. For the realignment of an
interstate highway.
The case
Severn River Wines is a successful vineyard, winery and
associated tourist facility on the Granite Belt, Southern Downs,
Queensland.
It covers 34 hectares and has been in operation for more than 20
years. It features 18 hectares of mature vineyards (mainly Verdelho
and Merlo grapes). With granite-based, well-drained soils, the
vineyard is well raised and has an excellent aspect. A big dam on
the land provides sufficient agricultural water.
Being one of the biggest of the region's 40 producers, the
wine/vineyard has a great brand awareness. The majority of vintages
sell out within a year or two after their debut. Many have received
prestigious accolades. All of the wines are cultivated and bottled
on the estate, however bulk grapes are periodically sold to other
wineries depending on seasonal conditions. In a typical season, the
vineyard yields around 7.2 tonnes of grape per hectare (about 750
bottles or 62 cases). That amount of production would be somewhat
lower than regional norms. Wines are virtually solely sold at the
cellar door or by mail order.
(It's also worth noting that volume isn't always a good
indicator of quality; some of the greatest and most costly vintages
have low quantities and stress.)
The vineyard also offers a tasting room, a 40-seat
café/restaurant, and five standalone cottages for overnight
stays.
Although the business is family-owned and run, it does employ
support and operational workers in the vineyard/winery, restaurant,
and cabins during specific seasons.
The New England Highway, which ran alongside the property to the
east, was scheduled for a significant realignment by the Department
of Transportation (DOT). DOT had revealed preliminary plans
(without details) as early as 2014, but they were put on hold for
Commonwealth financing.
The intended work includes a complete reconstruction/realignment
of that piece of roadway as well as a set of new culverts (which
was subsequently described). It would need the forced purchase of a
5.2 hectare severance along the front of the property, with a width
of up to 30 metres (see attached sketch). With its present crop, it
land contained a growing vine area of 2.7 hectares (including
headlands).
The vineyard already had modifications well underway in the
second half of 2019 to enhance its complete irrigation system,
including the installation of a riser tank and accompanying
upgrades on part of the (high) property afterwards resumed with DOT
at a cost of $25 000.
DOT addressing the probable acquisition of the indicated land
around the same time (September 2019), and when Commonwealth
funding was announced in the Federal budget. Despite continuous
conversations, the owners were not in favour of the project, and a
Notice of Intention to Resume (NIR) was issued in March 2020. The
owners filed an objection citing potential harm to their vineyard
as well as their ongoing company.
There appeared to be a sense of urgency throughout the process,
as the project's funding was contingent on construction starting
and finishing on time.
DOT conducted more onsite investigations/surveys and evaluated
the complaints raised, but in July 2020, they announced that they
had dismissed the objection and will proceed. The resumption was
declared in October 2020 after proper process. The design work was
then completed, and contracts were quickly awarded. In November
2021, the entire roadway rehabilitation was finished.
In February 2021, DOT received a letter from 5 casual employees
normally employed at the Winery café/restaurant, tasting room, and
accommodation, alleging that their work hours were reduced or
employment was temporarily lost due to construction, and requesting
payment of $21 500 to compensate them for their lost income.
A ‘without prejudice’ conference with the owners and their
representatives has now been set down for three weeks from
today.