120APlanning compensation

120A Planning compensation

(1) Despite anything to the contrary in Part 5 of the Planning and Environment Act 1987 or in a planning scheme or amendment under that Act, that Part applies as if—

(a) land forming part of the project area had been reserved under a planning scheme for a public purpose, being the approved project; and

(b) the project authority was liable to pay any compensation under that Part that arises from that deemed reservation and no other planning authority, responsible authority, Minister or public authority was liable to pay compensation in respect of the designated land under that Part.

S. 120A(2) substituted by No. 43/2021 s. 153.

(2) No entitlement to compensation can arise under Part 5 of the Planning and Environment Act 1987 as applied by subsection (1) in relation to any land after it ceases to form part of the project area (whether by completion of the approved project or otherwise).

S. 120A(3) inserted by No. 43/2021 s. 153.

(3) If land ceases to form part of the project area (whether by completion of the approved project or otherwise), section 111 of the Planning and Environment Act 1987 applies as if the planning scheme had been amended to remove the reservation referred to in subsection (1)(a).

S. 121 repealed by No. 43/2021 s. 152.

S. 122 amended by No. 43/2021 s. 154.