96Applications before former Tribunal

96 Applications before former Tribunal (1) This section applies if, before the commencement: (a) a person had made an application to the former Tribunal; and (b) the former Tribunal had not decided the application. (2) The former Tribunal must continue to deal with the application in accordance with the former legislation. (3) In this section: application includes a referral or objection. commencement means the commencement of Part 12 of the Northern Territory Civil and Administrative Tribunal (Conferral of Jurisdiction Amendments) (No. 2) Act 2014. former legislation means the following as in force immediately before the commencement: (a) this Act; (b) the Lands, Planning and Mining Tribunal Act 1998. former Tribunal means the Lands, Planning and Mining Tribunal as in existence under the Lands, Planning and Mining Tribunal Act 1998 immediately before the commencement of the Northern Territory Civil and Administrative Tribunal Act 2014. Lands Acquisition Act 1978 56 section 3 Land Clauses Consolidation Act 1847 Land Clauses Consolidation Act 1855-6 Land Clauses Consolidation Act 1881 Lands Acquisition Act 1978 57 section 66 1. VALUE TO THE OWNER Subject to this Schedule, the compensation payable to a claimant for compensation in respect of the acquisition of land under this Act is the amount that fairly compensates the claimant for the loss he has suffered, or will suffer, by reason of the acquisition of the land. 1A. RULES TO EXTEND TO NATIVE TITLE RIGHTS AND INTERESTS To the extent possible, these rules, with the necessary modifications, are to be read so as to extend to and in relation to native title rights and interests. 2. MARKET VALUE, SPECIAL VALUE, SEVERANCE, DISTURBANCE Subject to this Schedule, in assessing the compensation payable to a claimant in respect of acquired land the Tribunal may take into account: (a) the consideration that would have been paid for the land if it had been sold on the open market on the date of acquisition by a willing but not anxious seller to a willing but not anxious buyer; (b) the value of any additional advantage to the claimant incidental to his ownership, or occupation of, the acquired land; (c) the amount of any reduction in the value of other land of the claimant caused by its severance from the acquired land by the acquisition; and (d) any loss sustained, or cost incurred, by the claimant as a natural and reasonable consequence of: (i) the acquisition of the land; or (ii) the service on the claimant of the notice of proposal, for which provision is not otherwise made under this Act, other than costs incurred as a result of attending, participating in or being represented at consultations for the purposes of section 37(1) or mediation under section 37(4). Lands Acquisition Act 1978 58 3. MARKET VALUE FOR USE OTHER THAN EXISTING USE If the amount referred to in rule 2(a) is determined upon the basis of a use for a purpose which is not the purpose for which the land was used on the date of acquisition, no amount shall be allowed under rule 2(d) in respect of any: (a) loss that would have been sustained; or (b) costs that would have been incurred, in adapting the land for use for that other purpose. 4. CIRCUMSTANCE PECULIAR TO THE CLAIMANT For the purposes of rule 2(d), in determining whether a particular loss sustained, or cost incurred, by a claimant is a natural and reasonable consequence of: (a) the acquisition of the land; or (b) the service on the claimant of the notice of proposal, the Tribunal shall take into account any circumstances peculiar to the claimant. 6. DETERMINABLE INTERESTS If, at the date of acquisition, the interest of the claimant in the land was: (a) due to expire; or (b) liable to be determined, the Tribunal shall take into account any reasonable prospect of renewal or continuation of the interest, and the likely terms and conditions of that renewal. 7. COST OF ACQUIRING OTHER LAND (1) If: (a) the acquired land: (i) was, immediately before the date of acquisition, used for a purpose for which there is no general demand or market for land; and (ii) but for the acquisition, would have continued to have been used for that purpose; and Lands Acquisition Act 1978 59 (b) the claimant has acquired, or genuinely intends to acquire, other land suitable for that purpose, the Tribunal shall take into account, in place of the amount referred to in rule 2(a), an amount ascertained by adding: (c) the cost of acquiring the other land; and (d) the cost and losses incurred or likely to be incurred by the claimant as a result of, or incidental to, relocation, in each case calculated at the date when, in all the circumstances, it was or would be reasonably practical for the claimant to incur the cost or losses. (2) In assessing the amount of compensation under subrule (1) the Tribunal shall have regard to the amount, if any, by which the claimant has improved, or is likely to improve, his financial position by the relocation. 8. MATTERS NOT TO BE TAKEN INTO ACCOUNT The Tribunal shall not take into account: (a) any special suitability or adaptability of the acquired land for a purpose for which it could only be used: (i) in pursuance of a power conferred by law; or (ii) by the Commonwealth or the Territory, a statutory corporation to which the Financial Management Act 1995 applies, or a council constituted under the Local Government Act 2019; (b) any increase in value of the acquired land resulting from its use or development contrary to law; (c) any increase or decrease in the amount referred to in rule 2(a) arising from: (i) the carrying out; or (ii) the proposal to carry out, the proposal; or (d) any increase in the value of the land caused by construction, after the notice of proposal was served on the claimant, of any improvements on the land without the approval of the Minister. Lands Acquisition Act 1978 60 9. INTANGIBLE DISADVANTAGES (1) If the claimant, during the period commencing on the date on which the notice of proposal was served and ending on the date of acquisition: (a) occupied the acquired land as his principal place of residence; and (b) held an estate in fee simple, a life estate or a leasehold interest in the acquired land, the amount of compensation otherwise payable under this Schedule may be increased by the amount which the Tribunal considers will reasonably compensate the claimant for intangible disadvantages resulting from the acquisition. (2) In assessing the amount payable under subrule (1), the Tribunal shall have regard to: (a) the interest of the claimant in the land; (b) the length of time during which the claimant resided on the land; (c) the inconvenience likely to be caused to the claimant by reason of his removal from the acquired land; (d) the period after the acquisition of the land during which the claimant has been, or will be, allowed to remain in possession of the land; (e) the period during which the claimant would have been likely to continue to reside on the land; and (f) any other matter which is, in the Tribunal's opinion, relevant to the circumstances of the claimant. 10. MORTGAGE DEBTS The amount of compensation payable to a mortgagee in respect of a debt secured by a mortgage over acquired land shall not exceed the amount of compensation that would be payable for the acquisition of all interests in the land if there had been no mortgage secured over that land. Lands Acquisition Act 1978 61 11. LOANS (1) If the amount of compensation assessed in accordance with this Schedule is insufficient to enable a claimant who occupied the acquired land as his principal place of residence continuously between the date of service of the notice of intention and the date of acquisition and: (a) who held an interest in fee simple in the acquired land; (b) in whom an equity of redemption in respect of that land was vested; or (c) who held a lease of that land granted under an Act: (i) in perpetuity; (ii) for a term of not less than 99 years; (iii) with a right of purchase; or (iv) which contained terms and conditions prohibiting the claimant from erecting or using any building on the land other than a dwelling-house, to purchase land to be used as a principal place of residence providing accommodation reasonably comparable with the accommodation on the acquired land, the Minister may offer to grant a loan to the claimant of an amount which, when added to the amount of compensation otherwise payable in respect of the acquired land, would be sufficient to enable the claimant to purchase land on which there is accommodation reasonably comparable with the accommodation on the acquired land. (2) The Minister shall, when making an offer under subrule (1), specify the maximum amount of the loan he is prepared to grant. (3) Repayment of a loan granted in accordance with this rule shall be secured by a mortgage to the Territory of the land purchased to provide the comparable accommodation. (4) A mortgage under subrule (3): (a) shall provide for the amount secured to be repayable forthwith if: (i) the land the subject of the mortgage is sold; (ii) the claimant and his spouse or de facto partner cease to use the land as a principal place of residence; or Lands Acquisition Act 1978 62 (iii) if both the claimant and his spouse or de facto partner have died; and (b) shall contain such other terms and conditions as the Minister thinks fit to secure the repayment of the loan. 12. INTERPRETATION In rules 9 and 11, a reference to a claimant includes a reference to any spouse or de facto partner of the claimant. Lands Acquisition Act 1978 63 1 KEY Key to abbreviations amd = amended od = order app = appendix om = omitted bl = by-law pt = Part ch = Chapter r = regulation/rule cl = clause rem = remainder div = Division renum = renumbered exp = expires/expired rep = repealed f = forms s = section Gaz = Gazette sch = Schedule hdg = heading sdiv = Subdivision ins = inserted SL = Subordinate Legislation lt = long title sub = substituted nc = not commenced 2 LIST OF LEGISLATION Lands Acquisition Act 1978 (Act No. 11, 1979) Assent date 26 January 1979 Commenced 1 August 1979 (Gaz G29, 20 July 1979, p 1) Lands Acquisition Act 1979 (Act No. 53, 1979) Assent date 14 May 1979 Commenced 3 August 1979 (Gaz G31, 3 August 1979, p 4) Statute Law Revision Act 1979 (Act No. 98, 1979) Assent date 10 August 1979 Commenced 26 October 1979 (Gaz G43, 26 August 1979, p 1) Remuneration (Statutory Bodies) Act 1979 (Act No. 9, 1980) Assent date 14 January 1980 Commenced 8 February 1980 (Gaz G6, 8 February 1980, p 6) Statute Law Revision Act 1980 (Act No. 6, 1981) Assent date 9 January 1981 Commenced 9 January 1981 Lands Acquisition Amendment Act 1982 (Act No. 45, 1982) Assent date 29 June 1982 Commenced 29 June 1982 Lands Acquisition Amendment Act 1985 (Act No. 68, 1985) Assent date 24 December 1985 Commenced 24 December 1985 Companies and Securities (Consequential Amendments) Act 1986 (Act No. 18, 1986) Assent date 30 June 1986 Commenced 1 July 1986 (s 2) Lands Acquisition Act 1978 64 Law Officers Amendment Act (No. 2) 1986 (Act No. 48, 1986) Assent date 10 December 1986 Commenced 19 December 1986 (Gaz S87, 17 December 1986) Statute Law Revision Act 1989 (Act No. 60, 1989) Assent date 2 October 1989 Commenced 2 October 1989 Miscellaneous Acts Amendment (Aboriginal Community Living Areas) Act 1989 (Act No. 78, 1989) Assent date 22 December 1989 Commenced 1 March 1990 (Gaz S12, 28 February 1990) Statute Law Revision Act 1990 (Act No. 33, 1990) Assent date 11 June 1990 Commenced 11 June 1990 Corporations (Consequential Amendments) Act 1990 (Act No. 59, 1990) Assent date 14 December 1990 Commenced 1 January 1991 (s 2, s 2 Corporations (NT) Act 1990 (Act No. 56, 1990) and Gaz S76, 21 December 1990) De Facto Relationships (Miscellaneous Amendments) Act 1991 (Act No. 82, 1991) Assent date 24 December 1991 Commenced 1 January 1992 (s 2) Pastoral Land (Consequential Amendments) Act 1992 (Act No. 39, 1992) Assent date 25 June 1992 Commenced 26 June 1992 (s 2, s 2 Pastoral Land Act 1992 (Act No. 17, 1992) and Gaz S33, 26 June 1992) Public Sector Employment and Management (Consequential Amendments) Act 1993 (Act No. 28, 1993) Assent date 30 June 1993 Commenced 1 July 1993 (s 2, s 2 Public Sector Employment and Management Act 1993 (Act No. 11, 1993) and Gaz S53, 29 June 1993) Lands Acquisition Amendment Act 1993 (Act No. 67, 1993) Assent date 9 November 1993 Commenced 1 December 1993 (s 2, s 2 Pastoral Land Amendment Act (No. 2) 1993 (Act No. 68, 1993) and Gaz S95, 1 December 1993) Local Government (Consequential Amendments) Act 1993 (Act No. 84, 1993) Assent date 31 December 1993 Commenced 1 June 1994 (s 2, s 2 Local Government Act 1993 (Act No. 83, 1993) and Gaz S35, 20 May 1994) Planning (Consequential Amendments) Act 1993 (Act No. 86, 1993) Assent date 31 December 1993 Commenced 18 April 1994 (s 2, s 2 Planning Act 1993 (Act No. 85, 1993) and Gaz S28, 18 April 1994) Lands Acquisition Amendment Act 1994 (Act No. 25, 1994) Assent date 18 May 1994 Commenced 29 June 1994 (Gaz G26, 19 June 1994, p 3) Lands Acquisition Act 1978 65 Lands Acquisition Amendment Act (No. 2) 1994 (Act No. 75, 1994) Assent date 30 December 1994 Commenced 15 March 1995 (Gaz G11, 15 March 1995, p 3) Financial Management (Consequential Amendments) Act 1995 (Act No. 5, 1995) Assent date 21 March 1995 Commenced 1 April 1995 (s 2, s 2 Financial Management 1995 (Act No. 4, 1995) and Gaz S13, 31 March 1995) Statute Law Revision Act 1995 (Act No. 14, 1995) Assent date 23 June 1995 Commenced 23 June 1995 Lands Acquisition Amendment Act 1995 (Act No. 21, 1995) Assent date 26 June 1995 Commenced 26 June 1995 Lands Acquisition Amendment Act (No. 2) 1995 (Act No. 56, 1995) Assent date 28 December 1995 Commenced 7 February 1996 (Gaz G6, 7 February 1996, p 3) Trustee (Consequential Amendments) Act 1996 (Act No. 8, 1996) Assent date 20 March 1996 Commenced 20 March 1996 (s 2, s 2 Trustee Amendment Act (No. 2) 1995 (Act No. 60, 1995) and Gaz G7, 14 February 1996, p 2) Lands Acquisition Amendment Act 1998 (Act No. 31, 1998) Assent date 1 May 1998 Commenced 1 May 1998 Lands Acquisition Amendment Act (No. 2) 1998 (Act No. 50, 1998) Assent date 28 August 1998 Commenced 1 October 1998 (Gaz S37, 1 October 1998) Lands Acquisition Amendment Regulations (SL No. 42, 1998) Date Notified 1 October 1998 Commenced 1 October 1998 Lands and Mining (Miscellaneous Amendments) Act 1998 (Act No. 93, 1998) Assent date 23 December 1998 Commenced pts: 2 – 5, 7, 8, 10 – 13 and s 272: 1 October 1998; rem: 23 December 1998 Lands and Mining (Miscellaneous Amendments) Act 1999 (Act No. 1, 1999) Assent date 19 February 1999 Commenced pt 2: 1 October 1998; pt 4: 23 December 1998; rem: 19 February 1999 Lands Acquisition Amendment Regulations 1999 (SL No. 12, 1999) Assent date 16 April 1999 Commenced 16 April 1999 Lands and Mining (Miscellaneous Amendments) Act (No. 2) 1999 (Act No. 26, 1999) Assent date 17 June 1999 Commenced 17 June 1999 Lands Acquisition Act 1978 66 Land Title (Consequential Amendments) Act 2000 (Act No. 45, 2000) Assent date 12 September 2000 Commenced 1 December 2000 (s 2, s 2 Land Title Act 2000 (Act No. 2, 2000) and Gaz G38, 27 September 2000, p 2) Statute Law Revision Act (No. 2) 2001 (Act No. 62, 2001) Assent date 11 December 2001 Commenced 11 December 2001 Law Reform (Gender, Sexuality and De Facto Relationships) Act 2003 (Act No. 1, 2004) Assent date 7 January 2004 Commenced 17 March 2004 (Gaz G11, 17 March 2004, p 8) Statute Law Revision Act 2004 (Act No. 18, 2004) Assent date 15 March 2004 Commenced 5 May 2004 (s 2(1), s 2 Associations Act 2003 (Act No. 56, 2003) and Gaz G18, 5 May 2004, p 2) Statute Law Revision Act 2007 (Act No. 4, 2007) Assent date 8 March 2007 Commenced 8 March 2007 Local Government (Consequential Amendments) Act 2008 (Act No. 28, 2008) Assent date 14 November 2008 Commenced 1 July 2008 (s 2) Mineral Titles (Consequential Amendments) Act 2010 (Act No. 37, 2010) Assent date 18 November 2010 Commenced 7 November 2011 (Gaz G41, 12 October 2011, p 5) Penalties Amendment (Miscellaneous) Act 2013 (Act No. 23, 2013) Assent date 12 July 2013 Commenced 28 August 2013 (Gaz G35, 28 August 2013, p 2) Northern Territory Civil and Administrative Tribunal (Conferral of Jurisdiction Amendments) (No. 2) Act 2014 (Act No. 35, 2014) Assent date 13 November 2014 Commenced pts 4, 9, 10 and 19: 1 June 2015 (Gaz S53, 29 May 2015, p 2); rem: 1 January 2015 (Gaz G51, 24 December 2014, p 7) Local Court (Related Amendments) Act 2016 (Act No. 8, 2016) Assent date 6 April 2016 Commenced 1 May 2016 (s 2, s 2 Local Court (Repeals and Related Amendments) Act 2016 (Act No. 9, 2016) and Gaz S34, 29 April 2016) Statute Law Revision and Repeals Act 2019 (Act No. 33, 2019) Assent date 6 November 2019 Commenced pts 2 and 3: 11 December 2019 (Gaz G50,