ROADS ACT 1993 - SECT 190 Entitlement to compensation

ROADS ACT 1993 - SECT 190

190 Entitlement to compensation

(1) Any person from whom an interest in land is acquired under this Division is entitled to compensation from the Crown for the land acquired.

(2) There is no entitlement to compensation with respect to--

(a) any right, licence, authority, permit or permissive occupancy of Crown land, or

(b) any authority, mineral claim or opal prospecting licence under the Mining Act 1992 , or

(c) any petroleum title under the Petroleum (Onshore) Act 1991 , or

(d) any interest in respect of which a claim of interest has not been duly made, or

(e) any interest in respect of which a claim of interest has been made but has been rejected.

(3) If the Minister is satisfied that there is an interest in the land for which no claim has been made, but is unaware of the identity or whereabouts of the owner of the interest, the Minister may determine that such a person is nevertheless entitled to compensation.

(4) The provisions of sections 49, 50, 52 and 53, and Division 4 of Part 3, of the Land Acquisition (Just Terms Compensation) Act 1991 apply to compensation to be paid or otherwise provided for the acquisition of land under this Division as if references in those provisions to an authority of the State were references to the Minister.

(5) Interest under section 49 of the Land Acquisition (Just Terms Compensation) Act 1991 is not payable on any amount of compensation paid within 28 days after the date of acquisition.

(6) The applicant must pay to the Crown the amount of any compensation to be provided under this Division, together with any costs incurred by the Crown in connection with the provision of any such compensation.