66Right to compensation

66 Right to compensation

[Section 66 Subsection (1) amended by No. 104 of 1995, s. 35 and Sched. 1 ]

(1)  *[Section 66 Subsection (1) amended by No. 68 of 1994, s. 3 and Sched. 1 ]*The owner or occupier of any land may claim compensation in accordance with Part 5 of the Land Acquisition Act 1993 from a planning authority for financial loss suffered as the natural, direct and reasonable consequence of –

(a) [Section 66 Subsection (1) amended by No. 47 of 2015, s. 33, Applied:17 Dec 2015] the land being set aside for a public purpose under a planning scheme; or

(b) [Section 66 Subsection (1) amended by No. 47 of 2015, s. 33, Applied:17 Dec 2015] [Section 66 Subsection (1) amended by No. 47 of 2015, s. 33, Applied:17 Dec 2015] the land being shown as set aside for a public purpose in a proposed amendment of an LPS which has been publicly exhibited under section 40H ; or

(c) [Section 66 Subsection (1) amended by No. 47 of 2015, s. 33, Applied:17 Dec 2015] access to land being restricted by the closure of a road by a planning scheme.

(2)  The owner or occupier of any land may claim compensation from a planning authority for financial loss suffered as the natural, direct and reasonable consequence of a failure by the authority to grant a permit for the land on the ground that the land is or will be needed for a public purpose.

(3)  A person cannot claim compensation under subsection (1) if the planning authority has purchased or compulsorily acquired the land or part of the land.

(4)  Where a person would be entitled to claim compensation in respect of any matter or thing under this Division and also under any other enactment, the person is not entitled to receive compensation both under this Division and under the other enactment, nor to receive any greater compensation under this Division than the person would be entitled to receive under the other enactment.