33Matters to be disregarded in determining compensation

33 Matters to be disregarded in determining compensation

[Section 33 Substituted by No. 19 of 2001, s. 11, Applied:12 Apr 2001]

(1)  Each of the following matters is to be disregarded in the determination of compensation in respect of subject land:

(a) any increase in the value of the subject land resulting from its use in a manner, or for a purpose, contrary to law;

(b) any increase or decrease in the value of the subject land arising from the carrying out, or the proposal to carry out, the authorised purpose for which the land was taken;

(c) any special value the subject land may have to the acquiring authority which –

(i) is caused by the particular need the authority has for that land; and

(ii) is in addition to its market value;

(d) any expectation by a claimant who was a lessee of the subject land that the claimant's lease would be renewed, other than an expectation which is based on an option of renewal in the lease contract;

(e) in relation to land which has been acquired or is being acquired for the purposes of a major infrastructure project, any increase or decrease in the value of the subject land arising, either directly or indirectly, from –

(i) the order under section 7(2) of the Major Infrastructure Development Approvals Act 1999 by which the major infrastructure project was declared or anything done pursuant to that order; or

(ii) the amendment, in relation to the major infrastructure project, of a planning scheme or special planning order pursuant to section 11A of the Major Infrastructure Development Approvals Act 1999 or under any other Act; or

(iii) the grant of a permit for a use or development which is comprised in the major infrastructure project, whether the permit relates to the subject land or to other land; or