9Entitlement to special compensation on compulsory acquisition

9 Entitlement to special compensation on compulsory acquisition

(1)  A person who has at the commencement of this Act an estate or interest in land described in the Schedule has, subject to this section and to sections 11 , 12 , 14 and 15 the right on the acquisition of his estate or interest under section 8 to obtain, if compensation is payable therefor, special compensation as provided in section 10 .

(2)  Subject to section 11 , a right to special compensation given by this section goes with the estate or interest in respect of which it arises from holder to holder thereof.

(3)  Where a person having at the commencement of this Act an estate or interest in land described in the Schedule acquired it for valuable consideration after 1st July 1963 and at a time when –

(a) he knew; or

(b) if he inspected the land or made such inquiries or investigations as he would in his own peculiar circumstances have been expected to make, would have become aware –

that the land was subject to a risk of earth movement or that damage or injury had occurred to any improvement on the land as a consequence of earth movement, the right to special compensation does not arise in respect of his estate or interest.

(4)  For the purposes of subsection (3) –

(a) the time at which a person acquired an estate or interest pursuant to a contract shall be deemed to be the date on which the contract was made; and

(b) the time at which a person acquired an estate or interest otherwise than pursuant to a contract shall be deemed to be the date on which the estate or interest vested in that person.