29Provisions applicable where land is zoned or reserved for public purpose

29 Provisions applicable where land is zoned or reserved for public purpose

(1)  Where subject land is, by or under any Act, zoned or reserved for a public purpose on the day on which a notice of acquisition in relation to the land is gazetted, and compensation under this Act or any other Act has not previously been paid in respect of that zoning or reservation –

(a) any limitation on the use of the land imposed by, or as a consequence of, the zoning or reservation is to be disregarded in making an assessment of compensation under this Act; and

(b) it is to be assumed that the land was, on that day, zoned or reserved in such manner as would have been likely if there had been no proposal or requirement for public use.

(2)  [Section 29 Subsection (2) amended by No. 31 of 2019, s. 13, Applied:01 Jan 2020] An acquiring authority must apply to the Commission for a determination as to the zoning which would most likely apply if the subject land was not otherwise zoned or reserved for a public purpose where–

(a) the appropriate zoning of the land under subsection (1) (b) cannot be readily determined or assumed; or

(b) there is disagreement on such appropriate zoning.

(3)  [Section 29 Subsection (3) amended by No. 31 of 2019, s. 13, Applied:01 Jan 2020] The Commission may make a determination with respect to an application under subsection (2) .

(4)  A determination under subsection (3) –

(a) [Section 29 Subsection (4) amended by No. 31 of 2019, s. 13, Applied:01 Jan 2020] is to be provided in a certificate signed by the Commission; and

(b) is final.