LAND ACQUISITION AND COMPENSATION ACT 1986 - SECT 43 Matters affecting compensation

LAND ACQUISITION AND COMPENSATION ACT 1986 - SECT 43

    (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.

S 43(1)(g) repealed by No. 66/1997

s. 9(1).

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S. 43(1A) inserted by No. 81/2006 s. 59(1).

    (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.

S. 43(5) inserted by No. 66/1997

s. 9(2).

    (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.

S. 43(6) inserted by No. 81/2006 s. 59(2).

    (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.