Australian Capital Territory Consolidated Acts

LANDS ACQUISITION ACT 1994 - SECT 61

    (1)     This section applies if the Executive rejects a claim for compensation and—

        (a)     the claimant does not make an application to the ACAT in relation to the rejection within the period required under the ACT Civil and Administrative Tribunal Act 2008 ; or

Note     Requirements for applications to the ACAT, including when an application must be made, are prescribed under the ACT Civil and Administrative Tribunal Act 2008 (see s 10).

        (b)     each of the following applies:

              (i)     the claimant makes an application to the ACAT in relation to the rejection within the period required under the ACT Civil and Administrative Tribunal Act 2008 ;

              (ii)     the ACAT confirms the decision;

              (iii)     it is at least 30 days since the ACAT made its decision, and no appeal in relation to the decision has been made to the Supreme Court.

    (2)     The Executive may pay compensation under this part on the basis that the claimant was not, at the time of the acquisition to which the claim relates, entitled to the interest the subject of the claim.

    (3)     If compensation is paid in relation to an interest that is inconsistent with the interest (the subject interest ) the subject of the claim, no compensation is payable in relation to the subject interest.