Australian Capital Territory Consolidated Acts

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LANDS ACQUISITION ACT 1994 - SECT 56

Claims for compensation

    (1)     A person who considers that he or she is entitled to be paid compensation in accordance with this part may make a claim for compensation.

    (2)     A claim—

        (a)     shall specify—

              (i)     the interest of the person that has been acquired by compulsory process; and

              (ii)     the amount of compensation the person claims in respect of the acquisition; and

              (iii)     if the claim is in respect of the acquisition of a mortgage interest under a mortgage—the amounts that, for division 6.3, are the amounts of—

    (A)     principal secured by the mortgage at the time of the acquisition of the interest; and

    (B)     any interest, costs and charges due under the mortgage at that time; and

        (b)     shall be given to the Executive.

Note     If a form is approved under s 118 (Approved forms) for a claim, the form must be used.

    (3)     A person who has made a claim may, by notice in writing given to the Executive, withdraw the claim.

    (4)     Where a claim is withdrawn, this Act has effect as if the claim had never been made.

    (5)     For this Act, a claim shall be taken to be made when it is given to the Executive.

    (6)     The Executive must decide a claim within 42 days after the day the claim is made.

    (7)     The claimant may agree in writing to an extension of the 42-day period before the end of the period.



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