PLANNING AND ENVIRONMENT ACT 1987 - SECT 98 Right to compensation
PLANNING AND ENVIRONMENT ACT 1987 - SECT 98
Right to compensation(1) The owner or occupier of any land may claim compensation from the planning authority for financial loss suffered as the natural, direct and reasonable consequence of—
S. 98(1)(a) amended by No. 12/2021 s. 9(1)(a).
(a) subject to subsection (1A), the land being reserved for a public purpose under a planning scheme; or
S. 98(1)(b) amended by No. 12/2021 s. 9(1)(b).
(b) subject to subsection (1B), the land being shown as reserved for a public purpose in a proposed amendment to a planning scheme of which notice has been published in the Government Gazette under section 19; or
(c) a declaration of the Minister under section 113 that the land is proposed to be reserved for a public purpose; or
(d) access to the land being restricted by the closure of a road by a planning scheme.
S. 98(1A) inserted by No. 12/2021 s. 9(2).
(1A) Subsection (1)(a) only applies if the provision of the planning scheme that has been applied to and reserves the land expressly states as a purpose "to reserve land for a public purpose".
S. 98(1B) inserted by No. 12/2021 s. 9(2).
(1B) Subsection (1)(b) only applies if the provision of the planning scheme that is to be applied to and reserve the land (as a result of the proposed amendment) expressly states as a purpose "to reserve land for a public purpose".
S. 98(2) amended by No. 12/2021 s. 9(3).
(2) Subject to subsection (2A), the owner or occupier of any land may claim compensation from a responsible authority for financial loss suffered as the natural, direct and reasonable consequence of a refusal by the responsible authority to grant a permit to use or develop the land on the ground that the land is or will be needed for a public purpose.
S. 98(2A) inserted by No. 12/2021 s. 9(4).
(2A) Subsection (2) does not apply if the planning scheme prohibits or otherwise prevents the type of use or development that has been applied for in the permit application.
(3) A person cannot claim compensation under subsection (1) if—
(a) the planning authority has purchased or compulsorily acquired the land or part of the land; or
S. 98(3)(b) amended by Nos 7/2018 s. 12(1), 12/2021 s. 9(5).
(b) a condition on the permit provides that compensation is not payable.
S. 98(3)(c)(d) inserted by No. 7/2018 s. 12(2), repealed by No. 12/2021 s. 9(6).
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(4) The responsible authority must inform any person who asks it to do so of the person or body from whom the first-mentioned person may claim compensation under this Part.
S. 98(5) inserted by No. 7/2018 s. 12(3), substituted by No. 12/2021 s. 9(7).
(5) In subsection (1)—
"planning authority" means—
(a) in relation to a claim under subsection (1)(a), the planning authority that prepared the planning scheme or amendment that reserved the land for a public purpose; or
(b) in relation to a claim under subsection (1)(b), the planning authority that prepared the proposed amendment to the planning scheme that shows the land as being reserved for a public purpose; or
(c) in relation to a claim under subsection (1)(c), the Minister, public authority or municipal council specified in the declaration as responsible for the proposal; or
(d) in relation to a claim under subsection (1)(d), the planning authority that prepared the planning scheme or amendment that restricted access to the land by the closure of a road.