Victorian Consolidated Legislation

EastLink Project Act 2004 - SECT 79

Compensation-surrender, divesting or revocation of reservation

79. Compensation-surrender, divesting or revocation of reservation



(1) Subject to this Act and the Land Acquisition and Compensation Act 1986,
every person who-

   (a)  immediately before the publication of an Order under Division 1 or 2
        had a legal or equitable estate or interest in land to which the Order
        applies; or

   (b)  immediately before the commencement of section 60(1) or 60(2) had a
        legal or equitable estate or interest in any Crown land to which that
        subsection applies-

has a claim for compensation.

(2) The Land Acquisition and Compensation Act 1986 (except sections 31 to 36)
applies to the determination of compensation payable under this section-

   (a)  in the case of an estate or interest in land to which subsection
        (1)(a) applies, as if the publication of the Order were a notice of
        acquisition of that estate or interest and the Authority had acquired
        that estate or interest; or





   (b)  in the case of an estate or interest in land to which subsection
        (1)(b) applies, as if the proclamation of the commencement of section
        60(1) or 60(2) were a notice of acquisition of that estate or interest
        and the Authority had acquired that estate or interest.

(3) Section 43 of the Land Acquisition and Compensation Act 1986 applies to
the determination of compensation under this section as if after section
43(1)(b) there were inserted-



"(ba) Any special suitability or adaptability of the land in which the
acquired interest subsists for a purpose for which it could be used under the
EastLink Project Act 2004 for the purposes of the Project within the meaning
of that Act.".

(4) This section does not apply to-

   (a)  an estate or interest held by a public authority; or

   (b)  an estate or interest (other than an interest in fee simple) held by a
        Council.