New South Wales Consolidated Acts

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VERY FAST TRAIN (ROUTE INVESTIGATION) ACT 1989 - SECT 19

Determination of claim for compensation

19 Determination of claim for compensation

(1) An owner or occupier of land may, by complaint made to the Land and Environment Court, claim that compensation is payable under this Part to the owner or occupier.
(2) The Land and Environment Court has jurisdiction:
(a) to hear and determine a complaint under this section, and
(b) in determining any such complaint, to assess the amount of any compensation found to be payable, and
(c) to order the payment of any amount of compensation so assessed.
(3) Part 15 of the Mining Act 1992 applies in relation to any such complaint or order as if it were a complaint or order made under that Act.
(4) If compensation is found to be payable for any loss or damage and the amount of the compensation is provided for in an agreement made under section 17, the amount required to be assessed is to be taken to be the amount so provided for.
(5) In making an assessment of compensation, the value of any work done pursuant to an agreement made under section 17 shall be taken into account.
(6) Section 317 (Costs may be allowed) of the Mining Act 1992 applies in relation to proceedings under that Act, as applied by this section.



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