Commonwealth Consolidated Regulations

DEFENCE (AREAS CONTROL) REGULATIONS 1989 - REG 17

(1)

Subject to this regulation, where the value of land has been diminished because the land has become affected land, the Commonwealth is to pay as compensation for that diminution in the value of the land an amount equal to the amount by which the value of the land is so diminished.

(2)

Where compensation is payable under this regulation for the diminution in the value of any land, a person who, on the relevant day, had an interest in that land is entitled to be paid by the Commonwealth:

(a)

if that person is the only person who on that day had an interest in that land — that compensation; or

(b)

in another case — such proportion, if any, of that compensation as is reasonable having regard to the nature of that interest and of any other interests in that land.

(3)

Compensation is not payable to a person for the diminution in the value of land unless:

(a)

the person had an interest in the land on the relevant day; and

(b)

subject to subregulation (4), the person furnishes an application in writing for compensation to the Minister not later than 6 months after:

(i)

service on the person of a notice in respect of the land; or

(ii)

publication under regulation 16 of a notice in respect of the land.

(4)

Where undue hardship would be caused to a person if the period of 6 months is not extended, the application under subregulation (3) may be made within such longer period as the Minister, by notice in writing served on the person, determines, being a period ending not sooner than 28 days after that notice is served on the person.

(5)

An application under subregulation (3) for compensation for the diminution in the value of land must set out:

(a)

the name and address of the applicant; and

(b)

the interest that the applicant claims to have had in that land on the relevant day; and

(c)

the facts on which the applicant relies to establish that the applicant had that interest on the relevant day; and

(d)

the amount claimed by the applicant to be the total amount of compensation payable by the Commonwealth for the diminution in the value of that land; and

(e)

the names and addresses of any other persons known to the applicant who had, on that day, an interest in that land and, if known to the applicant, the nature of each of those interests; and

(f)

if the applicant does not claim the amount referred to in paragraph (d) — the amount of compensation claimed in respect of the applicant's interest in that land.

(6)

For the purposes of determining the amount of compensation payable under this regulation for the diminution in the value of land:

(a)

it is to be taken that approval will not be given under regulation 3, 4, 5, 6 or 7, as the case requires, for the construction of a building on the land unless the approval has been so given or is, under subregulation (8), deemed to have been so given; and

(b)

if the approval has been so given, or is deemed to have been so given, it is to be taken that the approval was given on the relevant day.

(7)

Within 2 months after the day on which the Minister receives from a person an application under this regulation for compensation for the diminution in the value of land, the Minister may, by notice in writing posted to the person at the person's address set out in the application, notify the person that a building may be constructed on the land subject to specified conditions of the kind referred to in subregulation 10 (2).

(8)

Where under subregulation (7) the Minister serves a notice on a person in respect of land, approval is to be taken to have been granted under subregulation 10 (2) to the person to construct a building on the land subject to compliance with the conditions specified in the notice.

(9)

Within 3 months after the day on which an application under this regulation for an amount of compensation is received by the Minister from a person, the Minister, by notice in writing posted to the person at the person's address set out in the application, is to notify the person of the amount of compensation (if any) payable to the person.

(10)

For the purposes of subregulation (9), in deciding the amount of compensation (if any) payable to a person in respect of the diminution in the value of land that has become affected land, the Minister is to have regard to the value of the land immediately before, and on, the relevant day.

(11)

Where in respect of an application under this regulation by a person for an amount of compensation the Minister fails to notify the person in accordance with subregulation (9), the Minister is to be deemed to have agreed that that amount is payable to the person.

(12)

Compensation is not payable under this regulation to a person in respect of an interest in land to the extent that the interest is inconsistent with an interest held by another person in respect of which the Minister has, in good faith, paid, or agreed to pay, compensation.

(13)

Where the Commonwealth has paid the compensation payable under this regulation for the diminution in the value of a person's interest in land, no other compensation is payable under this regulation for any diminution that occurs in that value because the land has become affected land.