New South Wales Consolidated Acts

WESTERN LANDS ACT 1901 - SECT 35UC

35UC Compensation

(1) A person who has an estate or interest in any freehold land over which a fencing easement is created, or who, but for this Act, would have had such an estate or interest, is entitled to receive compensation from the Crown in respect of the creation of the easement.

(2) The Land Acquisition (Just Terms Compensation) Act 1991 applies (with such modifications as may be prescribed by the regulations) to the payment of any such compensation as if the creation of the fencing easement were effected by an acquisition notice under that Act.

(3) If there is any disagreement between the Crown and any person claiming compensation under this section as to the amount of compensation, the claim may be heard and disposed of in accordance with section 24 of the Land and Environment Court Act 1979 .

(4) No compensation is payable to any person in relation to any loss or damage arising from the creation of a fencing easement over land other than freehold land.