sec.49Compensation for acquisition of property

sec.49 Compensation for acquisition of property

Where, but for this subsection, the operation of any provision of this Act, other than a provision that provides for forfeiture by way of a court order, will result in the acquisition of property from one person by another person otherwise than on just terms, there is payable by that other person such amount of compensation as is agreed upon by those persons or, failing agreement, as is determined by the Supreme Court upon application made by 1 of those persons. The entitlement conferred by subsection (1) is in addition to and not in substitution for any other right, claim or entitlement in law arising out of the event or transaction by which the acquisition of property occurred but— any compensation recovered pursuant to the entitlement conferred by subsection (1) shall be taken into account in assessing damages or compensation or in giving any other remedy in proceedings instituted otherwise than pursuant to that subsection; and any damages or compensation recovered or other remedy given in proceedings instituted otherwise than pursuant to subsection (1) shall be taken into account in assessing compensation payable pursuant to the entitlement conferred by that subsection. (sec.49-ssec.1) Where, but for this subsection, the operation of any provision of this Act, other than a provision that provides for forfeiture by way of a court order, will result in the acquisition of property from one person by another person otherwise than on just terms, there is payable by that other person such amount of compensation as is agreed upon by those persons or, failing agreement, as is determined by the Supreme Court upon application made by 1 of those persons. (sec.49-ssec.2) The entitlement conferred by subsection (1) is in addition to and not in substitution for any other right, claim or entitlement in law arising out of the event or transaction by which the acquisition of property occurred but— any compensation recovered pursuant to the entitlement conferred by subsection (1) shall be taken into account in assessing damages or compensation or in giving any other remedy in proceedings instituted otherwise than pursuant to that subsection; and any damages or compensation recovered or other remedy given in proceedings instituted otherwise than pursuant to subsection (1) shall be taken into account in assessing compensation payable pursuant to the entitlement conferred by that subsection.

• (a) any compensation recovered pursuant to the entitlement conferred by subsection (1) shall be taken into account in assessing damages or compensation or in giving any other remedy in proceedings instituted otherwise than pursuant to that subsection; and
• (b) any damages or compensation recovered or other remedy given in proceedings instituted otherwise than pursuant to subsection (1) shall be taken into account in assessing compensation payable pursuant to the entitlement conferred by that subsection.