AustLII Tasmanian Consolidated Acts

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LAND ACQUISITION ACT 1993 - SECT 46

46. Payment of compensation by promoter, &c.

      (1) For the purposes of making a payment under section 45 or 50, an acquiring authority who is a promoter may use money deposited with the Treasurer in anticipation of the payment of compensation by the authority and kept in an account in the Special Deposits and Trust Fund under section 17.

      (2) If an acquiring authority who is a promoter fails to pay to a claimant the compensation and interest payable under this Act within the period specified in section 45, the claimant may request the Treasurer, in writing, to pay that compensation and interest.

      (3) Within 30 days after receiving a request referred to in subsection (2), the Treasurer must pay any compensation and interest payable to the claimant which remains unpaid.

      (4) For the purposes of complying with subsection (3), the Treasurer –

(a) may use money kept in an account in the Special Deposits and Trust Fund in anticipation of the payment to a claimant of compensation and interest on that compensation; and

(b) if the money kept in that account is insufficient to meet that payment, must make that payment out of money provided by Parliament for the purpose.

      (5) After all compensation in respect of which an acquiring authority had deposited money with the Treasurer to be kept in an account in the Special Deposits and Trust Fund and all interest relating to that compensation has been paid, the Treasurer must –

(a) pay any money remaining in that account to the authority; and

(b) close that account.

      (6) If the Treasurer has made a payment of compensation, interest or compensation and interest to a claimant under this section out of money provided by Parliament for the purpose, theTreasurer may recover the amount of that payment from the acquiring authority that failed to comply with section 45 in a court of competent jurisdiction as a debt due to the Crown.



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