(1) This section applies if a nature refuge is declared under section 49.
(2) If a landholder’s interest in land is injuriously affected by a
restriction or prohibition imposed under the declaration on the landholder’s
existing use of the land, the landholder is entitled to be paid by the State
the reasonable compensation because of the restriction or prohibition that is
agreed between the State and the landholder or, failing agreement, decided by
the Land Court.
(3) The landholder’s interest in the land is not
injuriously affected if the restriction or prohibition under the declaration
is the same, or to the same effect, as a provision of another law applying to
the land immediately before the commencement of the declaration.
(4)
Compensation is not payable if compensation has already been paid for—
(a)
the restriction or prohibition; or
(b) a restriction or prohibition to the
same effect.
(5) A claim for compensation must—
(a) be made in a form
approved by the chief executive; and
(b) be made to the chief executive
within 6 months after the declaration of the nature refuge, or the longer
period the chief executive or Land Court in special circumstances allows.
(6)
In making a determination, the Land Court must have regard to the following
matters—
(a) the capacity of the land to sustain the existing use;
(b) any
change in the value of the land because of the declaration;
(c) any change in
the profitability of the land because of the declaration.
(7) Subsection (6)
does not limit the matters to which the Land Court may have regard in making a
determination.
(8) Subsection (2) does not apply to land if—
(a) when the
nature refuge is declared, the area the subject of the declaration is
identified as, or including, a critical habitat or an area of major interest
in—
(b) the regulation
making the declaration declares that the first regulation or conservation plan
continues to apply to the area after the declaration; and
(c) the landholder
receives, or is entitled to receive, compensation under section 137Ain
relation to the land because of the making of the first regulation or approval
of the conservation plan.
(9) In this section—
"existing use" of land includes a lawful use made of the land immediately
before the restriction or prohibition imposed under the declaration or
regulation mentioned in subsection (1) started applying to the land.
