PLANNING AND DEVELOPMENT ACT 2005 - SECT 188
PLANNING AND DEVELOPMENT ACT 2005 - SECT 188
188 . Land to be acquired under s. 187, valuing
(1) The value of the
land referred to in section 187(3) is to be —
(a) the
value of the land on the date the responsible authority elects to acquire the
land under that section; and
(b)
determined without regard to any increase or decrease, if any, in value
attributable wholly or in part to the planning scheme.
(2) Subject to
subsection (4), the value of the land referred to in section 187(3) is to be
determined —
(a) by
arbitration in accordance with the Commercial Arbitration Act 2012 ; or
(b) by
the State Administrative Tribunal on the owner of the land applying to it for
a determination of that value; or
(c) by
some other method agreed upon by the responsible authority and the owner of
the land.
(3) If arbitration has
not commenced under subsection (2)(a), an application has not been made under
subsection (2)(b), and no method has been agreed under subsection (2)(c),
within 12 months of the date on which the responsible authority elected to
acquire the land, the responsible authority may —
(a)
refer the matter for determination by arbitration in accordance with the
Commercial Arbitration Act 2012 ; or
(b)
apply to the State Administrative Tribunal for a determination of that value,
and the value
determined under this subsection is to be the value of the land for the
purposes of section 187.
(4) Where a dispute is
referred for determination under subsection (3)(a) there is to be taken to be,
for the purposes of the Commercial Arbitration Act 2012 , an arbitration
agreement to refer the dispute, and the parties to the agreement are to be
taken to be the owner of the land and the responsible authority.
[Section 188 amended: No. 23 of 2012 s. 45.]