Commonwealth Consolidated Regulations

TREATY OF PEACE REGULATIONS - REG 36AC

(1)

Subject to this regulation the Custodian may transfer to the Administration of the Territory any land vested in the Custodian which is required for any public purpose.

(2)

Where the method of determining the amount of compensation to be paid by the Administration for any land so transferred is provided under a law or ordinance of the Territory, the Administration shall pay to the Custodian, and the Custodian may accept, the amount of compensation so determined.

(3)

Where the method of determining the amount of compensation to be paid by the Administration for any land so transferred is not provided under any law or ordinance of the Territory, the Administration shall pay to the Custodian, and the Custodian may accept, such amount of compensation as is mutually agreed upon.

(4)

In deciding upon the amount of any compensation payable under the last preceding subsection the Administrator and the Custodian shall have regard to the fair market value of the land, and the effect upon the value of adjacent lands of the Custodian of the public purpose for which the land transferred is to be used.

(5)

Where the Administrator and Custodian fail to agree as to the amount of any compensation payable under subregulation (3) of this regulation, the matter shall be decided by an umpire appointed by two persons of whom one is nominated by the Administrator and the other by the Custodian.