Victorian Consolidated Legislation

Land Acquisition and Compensation Act 1986 - SECT 51

Advances of compensation

51. Advances of compensation



(1) Upon the service on a claimant of an offer under Part 3 or 5, the claimant
may, by notice in writing, require the Authority to advance an amount equal to
the amount of compensation offered in respect of the claimant's interest or
the loss or expenses sustained or incurred by the claimant or, if the claimant
is a person to whom section 44(3) applies, the amount of compensation by way
of solatium offered to the claimant.







(2) Subject to section 106(1), if the Authority is required to make an advance
under this section, it must make the advance within one month-

   (a)  after receipt of the notice requiring it to make the advance; or

   (b)  after the claimant has satisfied the Authority as to the claimant's
        entitlement to an interest in the land-

whichever last occurs.

(3) An advance must not be made under this section unless the offer is $5000
or more.

(4) If an advance has not been paid at the expiration of the period referred
to in subsection (2), the Authority is liable to pay interest on the unpaid
amount of the advance from the expiration of that period until the date of
payment of the advance.

(5) Interest is payable under subsection (4) at the rate for the time being
fixed under section 55.

(6) If an advance has been required under this section and the Authority makes
a later offer increasing the amount of compensation offered, the person to
whom the offer is made may by notice in writing require the Authority to
advance an amount equal to the difference between the amount of the first
offer and the amount of the later offer.

(7) If the amount of money paid under this section exceeds the amount of
compensation determined under this Act for-

   (a)  the acquisition of the interests of; or

   (b)  the loss or expenses sustained or incurred by; or





   (c)  the solatium payable to-

the person to whom the money was paid, that person is liable to pay to the
Authority as a debt due to the Authority an amount equal to the difference
between the amount paid to that person under this section and the amount of
compensation which is so determined.

(8) Despite anything to the contrary in this Act, if-

   (a)  a notice of intention to acquire an interest in land has been served
        on a person under section 6; or

   (b)  a notice of intention to acquire an interest in land is not required
        by virtue of section 7(1)(c) to be served but the Authority has
        notified a person interested in the land that it proposes to acquire
        an interest in that land-

the Authority may before the date of acquisition advance an amount of
compensation to that person to assist that person in purchasing a similar
interest in other land.

(9) An amount of compensation paid to a person under subsection (8) shall not
prejudice the final settlement or determination of the amount of compensation
payable to that person under this Act.