sec.150When compensation is payable

### sec.150 When compensation is payable The owner of an interest in land (the owner ) is entitled to be paid compensation only if the existing use that may be made of the land is changed by a prohibition imposed by the coastal plan or the declaration of a coastal management district. However, for land other than rural land, the owner is entitled to compensation only if— the owner was the owner at the time of the change; and the owner makes an application for the land; and the application is made within 2 years of the change; and the application clearly indicates that a compensation claim may be made if the application is refused; and the application is refused only because this Act applies to the application. However, for rural land, the owner is entitled to compensation only if— the owner was the owner at the time of the change; and the land was regularly used as rural land during the 2 previous years; and the owner makes a written application to the chief executive for compensation. In this section— application for the land means— an application to build a structure, the proposed use of which was as of right under the planning scheme as it applied immediately before the change; or an application for the subdivision of land that is consistent with the provisions of the planning scheme that regulated the subdivision of land immediately before the change. existing use includes a lawful as of right use that may have been made of the land immediately before the change. primary producer means a person whose major source of income is from primary production. rural land means land used only by a primary producer for grazing stock or cultivating crops. s 150 amd 2001 No. 93 s 24 sch ; 2011 No. 6 s 52 (sec.150-ssec.1) The owner of an interest in land (the owner ) is entitled to be paid compensation only if the existing use that may be made of the land is changed by a prohibition imposed by the coastal plan or the declaration of a coastal management district. (sec.150-ssec.2) However, for land other than rural land, the owner is entitled to compensation only if— the owner was the owner at the time of the change; and the owner makes an application for the land; and the application is made within 2 years of the change; and the application clearly indicates that a compensation claim may be made if the application is refused; and the application is refused only because this Act applies to the application. (sec.150-ssec.3) However, for rural land, the owner is entitled to compensation only if— the owner was the owner at the time of the change; and the land was regularly used as rural land during the 2 previous years; and the owner makes a written application to the chief executive for compensation. (sec.150-ssec.4) In this section— application for the land means— an application to build a structure, the proposed use of which was as of right under the planning scheme as it applied immediately before the change; or an application for the subdivision of land that is consistent with the provisions of the planning scheme that regulated the subdivision of land immediately before the change. existing use includes a lawful as of right use that may have been made of the land immediately before the change. primary producer means a person whose major source of income is from primary production. rural land means land used only by a primary producer for grazing stock or cultivating crops. - (a) the owner was the owner at the time of the change; and - (b) the owner makes an application for the land; and - (c) the application is made within 2 years of the change; and - (d) the application clearly indicates that a compensation claim may be made if the application is refused; and - (e) the application is refused only because this Act applies to the application. - (a) the owner was the owner at the time of the change; and - (b) the land was regularly used as rural land during the 2 previous years; and - (c) the owner makes a written application to the chief executive for compensation. - (a) an application to build a structure, the proposed use of which was as of right under the planning scheme as it applied immediately before the change; or - (b) an application for the subdivision of land that is consistent with the provisions of the planning scheme that regulated the subdivision of land immediately before the change.