Victorian Consolidated Legislation

Land Acquisition and Compensation Act 1986 - SECT 48

Form of claim

48. Form of claim



(1) A claim for compensation under this Part is made by serving on the
Authority a notice of claim which must-

   (a)  be in the prescribed form; and

   (b)  state the amount of compensation to which the claimant claims to be
        entitled under this Act; and

   (c)  state the interest which the claimant had in the land concerned; and

   (d)  give details of the loss sustained or expense incurred which gave rise
        to the claim.

(2) Subject to section 106(1), the Authority must before the expiration of
three months after the day on which a notice of claim is served on it under
this Part serve upon the claimant a statement in writing replying to the
notice of claim.

(3) The Authority may in that statement-

   (a)  admit the claim; or

   (b)  make an alternative offer of compensation; or

   (c)  reject the claim.

(4) A statement of reply under subsection (2) must be accompanied by a
statement in the prescribed form setting out the principal rights and
obligations of persons entitled to make a claim under this Part.

(5) The Authority may admit the claim either in full or in part leaving
specified matters subject to negotiation and if it admits the claim it is
liable to satisfy the claim to the extent to which it has admitted the claim.

(6) If the Authority fails to reply to the notice of claim within the
prescribed time, it is to be taken to have rejected the claim and the claim
becomes a disputed claim for the purposes of this Act.

(7) Subject to section 106(1), if the Authority makes an offer of
compensation, the claimant must within two months after the date of service of
the offer-

   (a)  accept the offer; or

   (b)  reject the offer.

(8) If the claimant rejects or fails to accept within the time prescribed
under subsection (7) an offer of the Authority, or the Authority rejects a
claim by the claimant under this Part, the claim becomes a disputed claim for
the purposes of this Act.

(9) To the extent that an amount of compensation offered under this section,
or any part thereof, is not disputed, the Authority is liable to pay that
amount.

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