Victorian Consolidated Legislation

Land Acquisition and Compensation Act 1986 - SECT 31

Initial offer of compensation

31. Initial offer of compensation



(1) After the notice of acquisition has been published in the Government
Gazette the Authority must make an offer in writing to each claimant of whose
entitlement to compensation it is aware.

(2) An offer under this section must be made-

   (a)  within fourteen days after the date of acquisition; or

   (b)  within such further period as-

   (i)  may be agreed upon in writing between the Authority and the claimant;
        or

   (ii) the Minister administering the special Act may certify.

(3) The offer must set out the amount that the Authority, on the information
available to it, has assessed as a fair and reasonable estimate of the amount
of compensation payable to the claimant under this Act on the assumption that
the claimant held the interest in respect of which the offer is made.







(4) An offer under this section must be accompanied by-

   (a)  a copy of the certificate of valuation to which the Authority has had
        regard in making its offer; and

   (b)  a statement explaining the difference between its offer and the
        valuation referred to in paragraph (a) if these differ; and

   (c)  a statement in the prescribed form setting out the principal rights
        and obligations of persons whose interests in land have been acquired
        under this Act.

(5) In making its offer the Authority must have regard to a valuation of the
land carried out by the Valuer-General or a person who holds the
qualifications or experience specified under section 13DA(1A) of the
Valuation of Land Act 1960.

(6) A valuation under subsection (5) may be made in respect of the specific
interest acquired or in respect of the freehold interest in the land whichever
appears to the Authority to be appropriate in the circumstances.

(7) If an offer of compensation is made under this section in respect of an
acquired interest and immediately prior to the date of acquisition-

   (a)  the interest was affected by another interest in the land; or

   (b)  rates, taxes or other charges were charged upon the land in which the
        interest subsists-

the Authority may reduce the amount of its offer by an amount equal to the
amount that it considers is necessary to provide for that other interest or to
pay those rates, taxes or other charges.

(8) To the extent that an amount of compensation offered under this section,
or any part thereof, is not disputed, the amount offered is binding upon the
Authority unless the Authority can demonstrate that the information contained
in the offer and relied upon by the Authority in making the offer was
incorrect.