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Land Acquisition and Compensation Act 1986
51Advances of compensation
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51 Advances of compensation
(1) Upon the service on a claimant of an offer under Part 3 or 5, the claimant may, by notice in writing, require the Authority to advance an amount equal to the amount of compensation offered in respect of the claimant's interest or the loss or expenses sustained or incurred by the claimant or, if the claimant is a person to whom section 44(3) applies, the amount of compensation by way of solatium offered to the claimant.
(2) Subject to section 106(1), if the Authority is required to make an advance under this section, it must make the advance within one month—
1. after receipt of the notice requiring it to make the advance; or
(b) after the claimant has satisfied the Authority as to the claimant's entitlement to an interest in the land—
whichever last occurs.
(3) An advance must not be made under this section unless the offer is $5000 or more.
(4) If an advance has not been paid at the expiration of the period referred to in subsection (2), the Authority is liable to pay interest on the unpaid amount of the advance from the expiration of that period until the date of payment of the advance.
(5) Interest is payable under subsection (4) at the rate for the time being fixed under section 55.
(6) If an advance has been required under this section and the Authority makes a later offer increasing the amount of compensation offered, the person to whom the offer is made may by notice in writing require the Authority to advance an amount equal to the difference between the amount of the first offer and the amount of the later offer.
(7) If the amount of money paid under this section exceeds the amount of compensation determined under this Act for—
(a) the acquisition of the interests of; or
(b) the loss or expenses sustained or incurred by; or
(c) the solatium payable to—
the person to whom the money was paid, that person is liable to pay to the Authority as a debt due to the Authority an amount equal to the difference between the amount paid to that person under this section and the amount of compensation which is so determined.
(8) Despite anything to the contrary in this Act, if—
(a) a notice of intention to acquire an interest in land has been served on a person under section 6; or
(b) a notice of intention to acquire an interest in land is not required by virtue of section 7(1)(c) to be served but the Authority has notified a person interested in the land that it proposes to acquire an interest in that land—
the Authority may before the date of acquisition advance an amount of compensation to that person to assist that person in purchasing a similar interest in other land.
(9) An amount of compensation paid to a person under subsection (8) shall not prejudice the final settlement or determination of the amount of compensation payable to that person under this Act.