Victorian Consolidated Legislation

Land Acquisition and Compensation Act 1986 - SECT 46

PART 5 COMPENSATION WHERE NO INTEREST IN LAND IS ACQUIRED

Compensation for abandoned acquisition

46. Compensation for abandoned acquisition



(1) Any person with an interest in land who has-

   (a)  sustained any pecuniary loss; or

   (b)  incurred any expense-

as a direct, natural and reasonable consequence of the service of a notice of
intention to acquire any interest in that land or of the Authority's refusal
or failure to consent to the carrying out of improvements to the land or to
the effecting or obtaining of any sales, transactions, licences or approvals
in relation to the land may-

   (c)  if the Authority has determined under section 15 not to proceed with
        the acquisition; or

   (d)  if the interest is not acquired within the time prescribed by this
        Act-

claim the amount of that loss or expense from the Authority.

(2) A claim for compensation by any person under subsection (1) must only be
made in respect of-

   (a)  a loss sustained or expense incurred in the period between the date of
        service of the notice of intention to acquire and-

   (i)  the date of service on that person of the statement under section 15;
        or

   (ii) the lapsing of the notice of intention to acquire- as the case may be;
        and

   (b)  any expenses reasonably incurred in respect of the making of the
        claim.

(3) A claim for compensation under subsection (1) must be made within two
years after the date of service of the statement under section 15 or the date
of lapsing of the notice of intention to acquire (as the case may be).