Tasmanian Consolidated Acts Tasmanian Consolidated Acts
(1) An acquiring authority must pay the costs reasonably incurred by a claimant where those costs are not incurred as the result of the commencement of proceedings or arbitration pursuant to section 42(1) if those costs were incurred by the claimant as a consequence of –
(a) the taking of subject land; or
(b) the service and withdrawal or lapsing of a notice to treat; or
(c) the amendment or revocation of a notice of acquisition; or
(d) the reconveyance of land taken to its former owner; or
(e) the exercise by the authority of any power under Part 6.
(2) For the purposes of subsection (1), the fees of the claimant's legal practitioner payable by the acquiring authority are to be determined in accordance with–
(a) Table B of Appendix M to Part I of the 1965 Rules as specified in rules made under section 82 if the amount of compensation payable to the claimant is not greater than the maximum amount provided for in that Table and in respect of which a fee is specified in that Table; or
(b) Table A of that Appendix as specified in rules made under section 82 if the amount of compensation payable to the claimant is greater than the maximum amount referred to in paragraph (a).
(3) In the absence of agreement between an acquiring authority and a claimant as to the amount of the costs reasonably incurred, the amount of those costs may be referred, in writing, by either the owner or the authority to the taxing officer of the Court.
(4) The taxing officer of the Court shall determine the amount of costs referred to the taxing officer under subsection (3) in accordance with the provisions for the taxation of costs contained in the 1965 Rules.
(5) The claimant or the acquiring authority may apply under rule 102 of Order 80 of the 1965 Rules for an order to review the taxation of costs and rules 102 and 103 of that Order apply in relation to the making of the order to review.