Tasmanian Consolidated Acts Tasmanian Consolidated Acts
(1) Where a person is entitled to compensation in respect of the acquisition under this Act of any land to which this section applies he shall, subject to this Act, be entitled, as a supplement to that compensation, to an additional sum equivalent to the amount by which that compensation (determined as if this section had not been enacted) is less than what it would have been if it had been assessed on the assumption that the value of the land acquired were three-quarters of the value that may be attributed to that land under subsection (2) of this section.
(2) For the purposes of subsection (1) of this section the value that may be attributed to any land is the value that would be the value of that land if it were assessed on the following assumptions, namely:
(a) That there is not and never at any time was a risk of any earth movement occurring in any of the prescribed lands;
(b) That, where any improvement on the land has been demolished or removed as a consequence of earth movement, that improvement had not been so demolished or removed and existed in the state in which it actually existed immediately before it first suffered damage or injury as a consequence of earth movement or, if it was demolished or removed before suffering any such damage or injury, in the state in which it existed before it was demolished or removed; and
(c) That, where any improvement on the land has suffered damage or injury as a consequence of earth movement, that improvement was in the state in which it actually existed immediately before it first suffered any such damage or injury.
(3) In assessing the value of any land for the purposes of subsection (2) of this section, regard shall be had to the value of land in localities (being localities where no earth movement has or is likely to take place) which have been developed in a similar manner to the prescribed lands in the vicinity of the land whose value is to be assessed and which contain a similar class of property to that contained in those prescribed lands.
(4) Where under this Act a person is entitled to an additional sum as a supplement to any compensation that additional sum shall, subject to this Act, be deemed to form part of the compensation to which that person is entitled in respect of the acquisition of the land in relation to which the entitlement arises.
(5) Notwithstanding anything in subsection (4) of this section or in the Land Acquisition Act 1993 a magistrate has jurisdiction to hear and determine any dispute, arising on a claim for compensation in respect of the acquisition of land under this Act, whether the claimant is or is not disentitled, by virtue of subsection (7) of this section, to the payment of an additional sum.
(6) Subject to subsection (7) of this section, this section applies to any land comprised within premises the improvements on which comprise or include a private dwelling-house, either capable of being used as such or rendered incapable of being used as such as a consequence of earth movement, or on which there was a private dwelling-house that has been removed or demolished as a consequence of earth movement.
(7) Where an estate or interest in land has, whether before or after the commencement of this Act, been acquired by any person, otherwise than by devolution under a will or intestacy or by operation of law, and at the material time he knew, or, if he had inspected the land or made such inquiries and investigations as he would reasonably have been expected to have made, would have become aware, that the land was subject to a risk of earth movement or that damage or injury had occurred to any improvements on that land as a consequence of earth movement, that person and any person deriving title under him is not entitled to any additional sum in respect of the acquisition of that land.
(7A) Subsection (7) of this section does not apply to land that did not, on the thirty-first day of December 1963, form part of the prescribed lands.
(8) For the purposes of subsection (7) of this section "material time" means –
(a) when used in relation to an estate or interest acquired in pursuance of a contract, the date on which the contract was entered into; and
(b) in any other case, the date on which the estate or interest was acquired.
(9) Where, after the thirty-first day of December 1963, an estate or interest in any land that does not on that date form part of the prescribed lands is, at any time (in the following provisions of this section referred to as "the relevant time" ), acquired by any person otherwise than by devolution under a will or intestacy or by operation of law, any additional sum that may become payable in respect of that estate or interest, or any estate or interest held by any person as a person deriving title under the person by whom that estate or interest is so acquired, shall not, together with the compensation to which that additional sum is supplement, exceed in amount whichever is the lesser of the following amounts, that is to say:
(a) The amount of the maximum compensation payable in respect of the estate or interest as determined in accordance with subsection (10) of this section; and
(b) The amount of the compensation that would have been payable if this section had not been enacted and the value of the estate or interest were treated as being equivalent to the value of the consideration given for the estate or interest when it was last acquired for valuable consideration.
(10) For the purposes of paragraph (a) of subsection (9) of this section, the amount of the maximum compensation payable in respect of an estate or interest in land is the total amount of the compensation and additional sum that would have been payable in respect of that estate or interest if –
(a) at the relevant time, if the Treasurer did not then have power to acquire the land under this Act, he had had such a power;
(b) notice to treat for the acquisition of the land under this Act had been served at the relevant time; and
(c) the estates and interests subsisting in the land at the date on which the notice to treat was actually served were subsisting at the relevant time as they were subsisting at the time at which that notice to treat was served.
(11) Subsection (9) of this section applies in respect of any land notwithstanding that at the relevant time it did not form part of the prescribed lands.