Victorian Consolidated Legislation

Land Acquisition and Compensation Act 1986 - SECT 40

PART 4 MEASURE OF COMPENSATION

Definitions

40. Definitions

In this Part-

loss attributable to disturbance means any pecuniary loss suffered by a
claimant as the natural, direct and reasonable consequence of-

   (a)  the service upon the claimant of a notice of intention to acquire,
        where the Authority has refused or failed to give consent to the
        carrying out of improvements to the land in respect of which that
        notice has been served or the effecting or obtaining of any sales,
        transactions, licences or approvals in respect of that land; and

   (b)  the fact that an interest of the claimant in that land has been
        divested or diminished, being a pecuniary loss for which provision is
        not otherwise made in this Part;

loss attributable to severance, in relation to the acquisition of a claimant's
interest in land, means the amount of any reduction in the market value of any
other interest of the claimant in the acquired land or any interest of the
claimant in other land used in conjunction with the acquired land which is
caused by its severance from the acquired land;

market value, in relation to any interest in land on a particular date, means
the amount of money that would have been paid for that interest if it had been
sold on that date by a willing but not anxious seller to a willing but not
anxious purchaser;

special value, in relation to an interest in land, means the value of any
pecuniary advantage, in addition to market value, to a claimant which is
incidental to his ownership or occupation of that land.