Victorian Consolidated Legislation

EastLink Project Act 2004 - SECT 80

Compensation for Councils in certain circumstances

80. Compensation for Councils in certain circumstances



(1) This section applies to land-

   (a)  that was under the control of a Council immediately before the
        publication of an Order under Division 1 or 2 in relation to that
        land; or

   (b)  to which section 60(1) or 60(2) applies that was under the control of
        a Council immediately before the commencement of that subsection.





(2) If the Council has-

   (a)  sustained any pecuniary loss; or

   (b)  incurred any expense-

as a direct, natural and reasonable consequence of the Order or the
commencement of section 60(1) or 60(2), the Council may claim the amount of
that loss or expense from the Authority.

(3) For the purposes of subsection (2), the value of the land must not be
taken into account when calculating the loss sustained or expense incurred by
the Council.

(4) A claim under subsection (2) must be made within 2 years after the Order
was made or section 60(1) or 60(2) commenced (as the case requires).

(5) Section 48 and Parts 10 and 11 of the
Land Acquisition and Compensation Act 1986 apply to a claim under subsection
(2) as if it were a claim under section 47(1) of that Act.