Victorian Consolidated Legislation

Land Acquisition and Compensation Act 1986 - SECT 44

Solatium

44. Solatium



(1) The amount of compensation may be increased by such amount, not exceeding
10% of the market value of the land, by way of solatium as is reasonable to
compensate the claimant for intangible and non-pecuniary disadvantages
resulting from the acquisition.

(2) In assessing the amount payable under subsection (1), there must be taken
into account all relevant circumstances applicable to the claimant including,
without limiting the generality of the foregoing-

   (a)  the interest of the claimant in the acquired land; and

   (b)  the length of time during which the claimant had occupied the land;
        and

   (c)  the inconvenience likely to be suffered by the claimant by reason of
        removal from the land; and

   (d)  the period of time after the acquisition of the land during which the
        claimant has been, or will be, allowed to remain in possession of the
        land; and

   (e)  the period of time during which, but for the acquisition of the land,
        the claimant would have been likely to continue to occupy the land;
        and

   (f)  the age of the claimant; and

   (g)  where the claimant at the date of acquisition is occupying the land as
        the claimant's principal place of residence, the number, age and
        circumstances of other people (if any) living with the claimant.

(3) If no solatium is paid to a claimant, a person other than a claimant who,
at the date of acquisition, had occupied the acquired land for a continuous
period of not less than 12 months before that date as the person's principal
place of residence may claim from the Authority such amount, not exceeding 10%
of the market value of the land, by way of solatium as is reasonable to
compensate the person for intangible and non-pecuniary disadvantages resulting
from the acquisition.

(4) In determining the amount payable under subsection (3), there must be
taken into account all relevant circumstances applicable to the person,
including the matters referred to in subsection (2)(b), (c), (d), (e), (f) and
(g).

(5) If the Authority rejects a claim for solatium made by a person under
subsection (3), that person is to be taken to be a claimant and the claim to
be a disputed claim for the purposes of this Act.