Northern Territory Consolidated Acts

CONTROL OF ROADS ACT - SECT 31A

    (1)     This section applies to:

        (a)     a person who has an estate or interest in land, or a part of land, at the time a section 31 order relating to the land is published; or

        (b)     a person who had an estate or interest in land, or a part of land, at the time a section 31 order relating to the land was published before the commencement.

    (2)     It is declared that:

        (a)     after the section 31 order is published, the person mentioned in subsection (1)(a) has a right to apply to; or

        (b)     after the section 31 order was published, the person mentioned in subsection (1)(b) always had a right to apply to;

the Tribunal to determine an amount payable to the person as compensation, on just terms, for the person's estate or interest in the land, or the part of the land, taken as mentioned in section 31.

    (3)     The Tribunal may hear and determine the following:

        (a)     an application under subsection (2);

        (b)     an application by a person for leave to serve a notice under section 31 after 12 months from the date of publishing of the section 31 order relating to land, or part of land, in relation to which the person had an estate or interest at the time of publishing.

    (4)     A person may not apply under subsection (2) or (3)(b) if the person, in writing, agrees or, before the commencement, agreed, to an amount of compensation in relation to the estate or interest in the land or the part of the land taken.

    (5)     For dealing with an application under subsection (2) or (3)(b), the Tribunal must adopt procedures it considers appropriate in all the circumstances including, for example, procedures under the Lands Acquisition Act (with or without changes).

    (6)     However for an application under subsection (2), the Tribunal must hold a directions hearing within 28 days after the date of the application.

    (7)     This section, including the fact that an application is made under subsection (2) or (3)(b), does not prevent a person to whom this section applies from making an agreement with the Minister about the person's estate or interest in land, or a part of land, that is or was the subject of a section 31 order.

    (8)     If an agreement as mentioned in subsection (7) is made, the person who made the agreement with the Minister must withdraw any application made under subsection (2) or (3)(b).

    (9)     In this section:

"commencement" means the commencement of this section.

"published", in relation to a section 31 order (including a section 31 order made before the commencement) means published in the Gazette .

section 31 order means an order, as mentioned in section 31, by which a road or a part of a road is to be opened, altered or added to.

"Tribunal" means the Lands, Planning and Mining Tribunal established by section 4 of the Lands, Planning and Mining Tribunal Act .