PLANNING AND ENVIRONMENT ACT 1987 - SECT 104A Actual zoning of land may be considered in determining compensation

PLANNING AND ENVIRONMENT ACT 1987 - SECT 104A

    (1)     In assessing compensation under this Part for the financial loss suffered by the owner or occupier of land, if—

        (a)     the land is reserved or is proposed to be reserved for a public purpose; and

        (b)     the reservation or proposed reservation forms or will form the boundary of a zone in a planning scheme or an amendment to a planning scheme; and

        (c)     the decision to impose the zoning boundary was not related to the purpose for which the land is or is proposed to be reserved—

regard may be had to the actual zoning of the land as at the date when the liability to pay compensation first arose and, where relevant, to the actual zoning boundary at that date.

    (2)     Nothing in this section applies in relation to a right to compensation or a liability to pay compensation arising under this Part before the commencement of section 60 of the Road Legislation (Projects and Road Safety) Act 2006 and this Part continues to apply to the determination of that compensation as if section 60 of that Act had not been enacted.