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) 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) ; 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 Land Acquisition Act 1993 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 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) any improvement on the land may be removed.

(5)  Notwithstanding subsection (1) , 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 –