Victorian Consolidated Legislation

Land Acquisition and Compensation Act 1986 - SECT 37

Claim for compensation where no offer made

37. Claim for compensation where no offer made



(1) If a person is entitled to claim compensation under this Part, and the
Authority has not made an offer to that person under section 31, that person
may make a claim for compensation under this section.

(2) Subject to section 106(1), a claim for compensation under this section
must be made within two years after the date of acquisition.

(3) A claim for compensation under this section must be in the same form and
contain the same particulars as a notice under section 35.

(4) Subject to section 106(1), the Authority must, before the expiration of
three months after the day on which a notice of claim is served upon it under
subsection (1), serve upon the claimant a statement in writing replying to the
notice of claim.

(5) The Authority may in that statement-

   (a)  admit the claim; or

   (b)  make an alternative offer of compensation; or

   (c)  reject the claim.

(6) If the Authority makes an offer under subsection (5), the offer must be
accompanied by-

   (a)  the information referred to in section 31(4); and

   (b)  if the claimant has provided the Authority with a copy of a
        certificate of valuation and the information required in section
        35(f), a statement explaining the difference between the Authority's
        offer and the valuation on which the claimant's claim is based,
        together with a copy of any certificate of valuation relied upon by
        the Authority and a statement setting out the method and basis of that
        valuation.

(7) The Authority may admit the claim in full or in part, leaving specified
matters subject to negotiation and, to the extent that the Authority admits
the claim, it is liable to satisfy the claim.





(8) If the Authority fails to reply to the notice of claim within the
prescribed time it is to be taken to have rejected the claim and the claim
becomes a disputed claim for the purposes of this Act.

(9) Subject to section 106(1), if the Authority makes an offer of compensation
under subsection (5), the claimant must within two months after the date of
service of the offer-

   (a)  accept the offer; or

   (b)  reject the offer.

(10) An offer of compensation under subsection (5) may specify some matters of
compensation to be left to be determined by negotiation.

(11) The claimant may accept the offer subject to any matters left to be
determined by negotiation.

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

(13) If the claimant fails to accept or reject the offer within the prescribed
time, the claim becomes a disputed claim for the purposes of this Act.