AustLII Tasmanian Consolidated Acts

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LAND ACQUISITION ACT 1993 - SECT 40

40. Procedure on receipt of claim for compensation in respect of amount claimed

      (1) Where an acquiring authority notifies a claimant in respect of the claimant's entitlement to compensation under section 39(1), it must notify the claimant, in the notice referred to in that section, that it –

(a) admits the amount of compensation claimed; or

(b) rejects the amount of compensation claimed; or

(c) is delaying its determination in relation to the amount of compensation claimed until the claimant has produced the deeds, documents and particulars specified in the notice.

      (2) Where an acquiring authority has delayed its determination under subsection (1)(c) and notifies a claimant under section 39(2)(a) that it admits the claimant's entitlement to compensation, the authority must notify the claimant, in the notice referred to in that section, that it –

(a) admits the amount of compensation claimed; or

(b) rejects the amount of compensation claimed.

      (3) Where an acquiring authority admits the amount of compensation claimed, the notice containing that admission is to contain a statement that the compensation will be paid to the claimant after –

(a) the claimant's entitlement to compensation has been admitted by the authority or finally determined under this Part; and

(b) the claimant has complied with section 45(c) and (d).

      (4) If an acquiring authority rejects the amount of compensation claimed, it must offer the claimant, in the notice which notifies the claimant of that rejection, such amount as it considers reasonable in satisfaction of the claim for compensation.

      (5) A notice referred to in subsection (4) is to notify the claimant that, if the claimant accepts the offer, the compensation will be paid after –

(a) the claimant's entitlement to compensation has been admitted by the acquiring authority or finally determined under this Part; and

(b) the claimant has complied with section 45(c) and (d).

      (6) Where an acquiring authority has offered the claimant an amount in satisfaction of the claim for compensation under subsection (4), the claimant must notify the authority within the period of 30 days after having received that offer, or a period determined under section 78, of the claimant's acceptance or rejection of that offer.

      (7) Where a claimant fails to notify the acquiring authority of the claimant's acceptance or rejection of an offer made under subsection (4) within the period specified in subsection (6), the claimant is to be taken to have rejected that offer.

      (8) An acquiring authority mustobtain the approval of the Valuer-General before –

(a) notifying a claimant that it admits or rejects the amount of compensation claimed; or

(b) offering the claimant an amount of compensation in satisfaction of a claim.

      (9) If the Minister is satisfied that special circumstances in relation to a particular claim for compensation exist, the Minister may, by notice in writing provided to the acquiring authority, exempt the authority from the operation of subsection (8) in respect of that claim.



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