Victorian Consolidated Legislation

EastLink Project Act 2004 - SECT 72

Early entry of place of residence or business

72. Early entry of place of residence or business



(1) Section 71 does not apply if-

   (a)  the Governor in Council certifies that having regard to-

   (i)  the urgency of the case or any other exceptional circumstances; and

   (ii) the public interest- it is not practicable for the Authority to delay
        entry into possession of the project land until after the end of the 3
        month period referred to in section 71(1); or

   (b)  the Authority and the occupier have, with the consent of the Minister,
        entered into an agreement in relation to the time of entry into
        possession of the project land by the Authority.

(2) A certificate under subsection (1)(a) must specify the date on which the
Authority is to take possession.

(3) The Authority must serve a copy of the certificate under subsection (1)(a)
on the occupier.

(4) The occupier whose period of occupation of the project land was abridged
under subsection (1)(a) is entitled to claim compensation under Division 5 for
any loss or damage that is incurred as a direct, natural and reasonable
consequence of that abridgment and for which the person could not otherwise
make a claim under that Division.

(5) The compensation payable pursuant to subsection (4) may be paid to-

   (a)  the person who is entitled to claim the compensation; or

   (b)  the constituted attorney of that person.