45Improvements on land held under temporary or occupation licence

### 45 Improvements on land held under temporary or occupation licence > *\[Section 45 Substituted by No. 10 of 1989, s. 6 \]* > > > (1)  Compensation is not payable in respect of improvements carried out on land held or occupied under a temporary licence unless the Minister directs that the land or an improvement on the land is required for a public purpose, in which case the Minister shall pay compensation for the improvement in accordance with this section. > > > (2)  Any compensation payable under [subsection (1)](#GS45@Gs1@EN) in respect of an improvement shall be such amount approved by the Minister as is assessed by the Director-General on the recommendation of the Valuer-General to be the fair and reasonable value of the improvement. > > > (3)  *\[Section 45 Subsection (3) amended by No. 24 of 1993, s. 3 and Sched. 1 \]*If the Minister – > > > > > > (a) offers a person an amount of compensation assessed in accordance with [subsection (2)](#GS45@Gs2@EN) ; and > > > > > > > (b) the person offered that amount – > > > > > > > > > > (i) does not accept the offer within 30 days of receiving it; or > > > > > > > > > > > (ii) informs the Minister that the amount offered does not represent the fair and reasonable value of the improvement – > > > > the matter shall be taken to be a disputed claim for compensation under [section 41 of the](/view/html/inforce/2026-04-12/act-1993-023#GS41@EN) [Land Acquisition Act 1993](/view/html/inforce/2026-04-12/act-1993-023) and compensation shall be determined in accordance with that Act as if the improvement were an estate or interest compulsorily acquired under that Act, except that [Division 2 of Part 3 of that Act](/view/html/inforce/2026-04-12/act-1993-023#HP3@HD2@EN) shall not apply and regard shall only be had to the fair and reasonable value of the improvement. > > > (4)  If the Minister does not make a direction under [subsection (1)](#GS45@Gs1@EN) any improvement on the land may be removed. > > > (5)  Notwithstanding [subsection (1)](#GS45@Gs1@EN) , where a person has been in occupation of land under a lease for rural purposes and his occupation is continued by a temporary licence, the Minister may – > > > > > > (a) permit him, during the currency of the temporary licence, to remove any improvements which he would have been authorized to remove under that lease; and > > > > > > > (b) pay him such compensation as he may have received under [section 35](#GS35@EN) or [35A](#GS35A@EN) had the lease continued until the expiration of the licence.