PLANNING AND ENVIRONMENT ACT 1987 - SECT 109 When is compensation payable by other authorities?
PLANNING AND ENVIRONMENT ACT 1987 - SECT 109
When is compensation payable by other authorities?S. 109(1) amended by No. 3/2013 s. 58(1).
(1) Subject to subsection (1A), a Minister, public authority or municipal council is liable to pay any compensation payable under this Part which arises from the reservation or proposed reservation of land for public purposes if the Minister, public authority or municipal council had asked—
S. 109(1)(a) amended by No. 12/2021 s. 11(a).
(a) the planning authority in writing to prepare a planning scheme or amendment to reserve the land for a public purpose.
S. 109(1)(b) repealed by No. 12/2021 s. 11(b).
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S. 109(1A) inserted by No. 3/2013 s. 58(2).
(1A) If the planning scheme designates a Minister, public authority or municipal council as an acquiring authority for the purposes of this Act for land reserved for public purposes, the acquiring authority is liable to pay any compensation payable under this Part which arises from that reservation.
(2) A referral authority is liable to pay compensation under this Part which arises from a refusal to grant a permit if the responsible authority refused to grant the permit because the referral authority objected.
S. 109(3) amended by No. 3/2013 s. 58(3).
(3) The claimant must claim the compensation from the Minister, the public authority, the relevant municipal council or the referral authority instead of the planning authority.
S. 109(4) amended by No. 3/2013 s. 58(4).
(4) Despite anything to the contrary in any Act, a public authority or municipal council may pay out of its funds any amount it is required to pay because of this section.
(5) Any land which was reserved under the Melbourne Metropolitan Planning Scheme before the commencement of section 21(2) of the Town and Country Planning (Transfer of Functions) Act 1985 for the purposes of the Melbourne and Metropolitan Board of Works (except planning purposes) is to be treated under this section as having been reserved at the request of the Melbourne and Metropolitan Board of Works.
(6) The Governor in Council may determine any question arising under subsection (5) as to whether any land had been reserved for planning purposes or for other purposes of the Board of Works.