Australian Capital Territory Consolidated Acts

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LANDS ACQUISITION ACT 1994 - SECT 50

Matters to be disregarded in assessing compensation

    (1)     In assessing compensation, there shall be disregarded—

        (a)     any special suitability or adaptability of the relevant land for a purpose for which it could only be used pursuant to a power conferred by or under law, or for which it could only be used by a government or public authority; and

        (b)     any increase in the value of the land caused by its use in a manner, or for a purpose, contrary to law; and

        (c)     any increase or decrease in the value of the land caused by the carrying out of, or the proposal to carry out, the purpose for which the interest was acquired; and

        (d)     any increase in the value of the land caused by the carrying out, after a copy of the pre-acquisition declaration or certificate under section 21 in relation to the acquisition of the interest was given to the person, of any improvements to the land, unless the improvements were carried out with the written approval of the planning and land authority; and

        (e)     for an acquisition of land the subject of a rural lease granted for a term shorter than 21 years—the possibility of a further lease being granted in relation to the land under the Planning and Development Act 2007 , section 254.

    (2)     In this section:

"rural lease"—see the Planning and Development Act 2007 , section 234.



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