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PLANNING AND ENVIRONMENT ACT 1987 - SECT 108 Persons who are not eligible to claim compensation

PLANNING AND ENVIRONMENT ACT 1987 - SECT 108

Persons who are not eligible to claim compensation

    (1)     A person does not have a claim for compensation in respect of any land if that person was not the owner or occupier of the land at the time the right to claim compensation arose.

    (2)     A person does not have a claim for compensation in respect of the sale of land which the person acquired after—

        (a)     notice is published in the Government Gazette under section 19 of a proposed planning scheme or amendment to a planning scheme which shows the land as being reserved for a public purpose; or

        (b)     the approval of a planning scheme or amendment reserving the land for public purposes; or

        (c)     a declaration under section 113 that the land is proposed to be reserved for public purposes

unless a subsequent amendment to the planning scheme provides or proposes more stringent planning controls over the use or development of the land.