LANDS ACQUISITION ACT 1994 - SECT 63 Compensation for compulsory acquisition—Executive to reconsider offer and make final

LANDS ACQUISITION ACT 1994 - SECT 63

    (1)     If the Executive receives a notice under section 62 (2) (b), the Executive must—

        (a)     reconsider the amount of compensation within 2 months (the 2-month period ) after the day the Executive receives the notice; and

        (b)     consider the information included in the notice; and

        (c)     make a final offer of compensation to the person that the Executive considers the person is entitled to in accordance with division 6.2 or 6.3.

Note     A final offer is a reviewable decision (see s 104AA), and the Executive must give a reviewable decision notice to the person (see s 104AC).

    (2)     The reviewable decision notice about the final offer of compensation must include a statement about how the compensation offered is worked out.

    (3)     If the Executive has not given a reviewable decision notice to the person within the 2-month period—

        (a)     the internal review notice given to the person in relation to a claim under section 59 (1) or an offer of compensation under section 61A (2), is taken to be a reviewable decision notice given to the person on the last day of the 2-month period; and

        (b)     the offer of compensation made in the internal review notice under section 59 (1) or section 61A (2) is taken to be a final offer of compensation.