Victorian Consolidated Legislation

Land Acquisition and Compensation Act 1986 - SECT 36

Authority's reply to claim

36. Authority's reply to claim



(1) Subject to section 106(1), the Authority must, before the expiration of
three months after the date of service upon it of a notice of a claim under
section 33, serve upon the claimant a statement in writing replying to the
notice of claim.

(2) The Authority may in that statement-

   (a)  admit the claim as to whole or to part; or

   (b)  offer to vary the amount of the compensation previously proposed in
        relation to the claimant's interest; or

   (c)  reject the claim and repeat its offer under section 31.

(3) If the claimant has provided the Authority with a certificate of valuation
and the information required in section 35(f), the Authority, if it has not
already done so, must forward to the claimant with its statement of reply a
statement setting out the method and basis of its valuation.

(4) The Authority is liable to satisfy the claim to the extent that it admits
the claim.

(5) If the Authority fails to reply to the notice of claim within the time
prescribed in subsection (1), it is to be taken to have rejected the claim and
repeated its offer and the claim becomes a disputed claim for the purposes of
this Act.

(6) Subject to section 106(1), if the Authority offers to increase or vary the
compensation previously offered, the claimant must within two months after the
date of service of this revised offer-

   (a)  accept the offer; or





   (b)  reject the offer.

(7) A revised offer under subsection (6) may leave specified matters to be
determined by negotiation.

(8) If the claimant accepts a revised offer under subsection (6), the claimant
may accept this in part leaving specified matters to be determined by
negotiation.

(9) To the extent that the claimant rejects the revised offer of the
Authority, or the Authority rejects the claim by the claimant, the claim
becomes a disputed claim for the purposes of this Act.