Victorian Consolidated Legislation

Land Acquisition and Compensation Act 1986 - SECT 35

Form of notice of claim

35. Form of notice of claim



(1) A notice of claim served on the Authority under section 33(1)(b) must-

   (a)  be in the prescribed form; and

   (b)  state the amount of compensation to which the claimant claims to be
        entitled under this Act; and

   (c)  if the claimant accepts the amount of compensation offered in respect
        of the acquisition by the Authority but claims to be entitled to a
        further amount of compensation in respect of that acquisition under
        this Act, state-

(i) that the claimant accepts the amount of compensation offered; and

   (ii) the amount of further compensation to which the claimant claims to be
        entitled; and

   (d)  state the interest which the claimant had in the acquired land
        immediately before the date of acquisition and, in the case of an
        interest which did not come into existence until on or after the date
        of acquisition, the details of that interest; and

   (e)  give details of the claimant's entitlement to that interest; and

   (f)  if the claimant disputes the valuation to which the Authority had
        regard in making its offer, be accompanied by-

   (i)  a copy of the certificate of valuation of a person who holds the
        qualifications or experience specified under section 13DA(1A) of the
        Valuation of Land Act 1960 upon which the claim is based; and

   (ii) a statement setting out the method and basis of that valuation.

(2) A notice of claim may specify any further matter which the claimant
regards as being subject to negotiation.