Victorian Consolidated Legislation

Land Acquisition and Compensation Act 1986 - SECT 43

Matters affecting compensation

43. Matters affecting compensation



(1) In assessing compensation, the following matters must be disregarded-

   (a)  any increase or decrease in the market value of the interest in land
        which is acquired arising from the carrying out, or the proposal to
        carry out, the purpose for which the interest was acquired;

   (b)  any special suitability or adaptability of the land in which the
        acquired interest subsists for a purpose for which it could only be
        used in pursuance of a power conferred by or under law, or for which
        it could only be used by the government or a public or local
        authority;

   (c)  any increase in value of the land in which the acquired interest
        subsists which results from the use of that land in a manner or for a
        purpose contrary to law;

   (d)  in a case where the land in which the acquired interest subsists is
        reserved for a public purpose in a planning instrument, any
        restrictions upon the use or development of that land which are
        imposed by, or are a consequence of, the reservation;

   (e)  any increase in the value of the interest in land acquired which is
        caused by the carrying out, after service upon the claimant or any
        other person of the notice of intention to acquire, of any
        improvements of a durable nature made to the land without the consent
        of the Authority, unless the claimant proves that these were carried
        out in good faith in the belief that they had been approved by the
        Authority;

   (f)  any sales, transactions, arrangements, licences or approvals in
        writing effected or obtained with respect to the land in which the
        acquired interest subsists after service upon the claimant of the
        notice of intention to acquire, unless these were effected or obtained
        with the consent of the Authority or the claimant proves that they
        were effected or obtained in good faith in the belief that they had
        been approved by the Authority.



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(1A) Despite anything to the contrary in this Part, in assessing compensation,
if-

   (a)  the land in which the acquired interest subsists is reserved for a
        public purpose in a planning instrument; and

   (b)  the reservation forms the boundary of a zone in that planning
        instrument; and

   (c)  the decision to impose the zoning boundary was not related to the
        purpose for which the interest in land was acquired-

regard may be had to the actual zoning of the land in which the acquired
interest subsists and, where relevant, to the actual zoning boundary

(2) If any person claims compensation under this Act for any loss or damage
caused by the severance of the land acquired from other lands of that person,
or the difficulty of access to those other lands, the Authority may give
notice to that person of its intention to make and maintain a gate, bridge,
easement, road, right-of-way, crossing, passage or other work.

(3) Once a notice is given, the Authority and its successors must make and
maintain the gate, bridge, easement, road, right-of-way, crossing, passage or
work for the accommodation of the owners and occupiers of the lands concerned.

(4) Any person or body assessing compensation under this Act for the loss or
damage referred to in subsection (2) must have regard to the bridge, easement,
road, right-of-way, crossing, passage or work in reduction of the amount that
would otherwise be awarded.





(5) Despite the amendment of this section by the Docklands Authority
(Amendment) Act 1997, this section continues to apply in relation to an
entitlement to compensation arising under this Act before the commencement of
that Act as if section 9 of that Act had not been enacted.

(6) Despite the amendment of this section by the Road Legislation (Projects
and Road Safety) Act 2006, this section continues to apply in relation to an
entitlement to compensation arising under this Act before the commencement of
section 59 of that Act as if section 59 of that Act had not been enacted.