Tasmanian Consolidated Acts Tasmanian Consolidated Acts
(1) In determining compensation under this Act, regard is to be had to the following matters:
(a) the market value of the estate of the claimant in the subject land;
(b) any special value the estate in the subject land may have to the claimant which is –
(i) a financial advantage incidental to the claimant's ownership of that estate; and
(ii) in addition to its market value;
(c) the damage caused by severance of the subject land from other land belonging to the claimant;
(d) the betterment of other land belonging to the claimant which is caused by the carrying out of, or the proposal to carry out, the authorized purpose;
(e) whether other land belonging to the claimant is injuriously affected by the carrying out of, or the proposal to carry out, the authorized purpose;
(f) any disturbance relating to any loss or damage suffered, or cost reasonably incurred, by the claimant as a consequence of the taking of the subject land;
(fa) whether, under any other Act, the claimant or a former owner of the subject land has been paid or awarded any compensation or compensatory costs in connection with the authorised purposes for which it is being acquired;
(g) except as provided in this Part, such other matters as the acquiring authority, the Court or an arbitrator may consider to be relevant.
(2) Subject to subsection (3), the betterment of other land referred to in subsection (1)(d) is to be set off against the amount of compensation determined under subsection (1)(a), (b), (c), (e), (f) and (g).
(3) Where an amount that is set off in respect of the betterment of other land equals or exceeds the amount of compensation that would otherwise be payable by an acquiring authority, no compensation is payable by the authority, nor is anything payable by the claimant to the authority in respect of that betterment.
(4) Subsection (1) does not apply in respect of the determination of compensation where the claimant was, on the day on which the notice to treat or the first notice to treat in relation to the land was served, a tenant at will of the subject land who ordinarily used the land as a principal residence.