145Compensation—general

145 Compensation—general

S. 145(1) amended by No. 43/2021 s. 174(2)(a).

(1) Subject to this Act and the Land Acquisition and Compensation Act 1986, a person has a claim for compensation if the person immediately before the publication of an Order under Subdivision 1, 2 or 2A had a legal or equitable estate or interest in land to which the Order applies.

S. 145(2) amended by No. 43/2021 s. 174(2)(a).

(2) The Land Acquisition and Compensation Act 1986 (except sections 31 to 36) applies to the determination of compensation payable under this section as if the publication of an Order under Subdivision 1, 2 or 2A were a notice of acquisition of that estate or interest and the project authority had acquired that estate or interest.

(3) Section 43 of the Land Acquisition and Compensation Act 1986 applies to the determination of compensation under this section as if after section 43(1)(b) there were inserted—

"(ba) any special suitability or adaptability of the land in which the acquired interest subsists for a purpose for which it could be used under the Major Transport Projects Facilitation Act 2009 for the purposes of an approved project within the meaning of that Act;".

(4) This section does not apply to—

(a) an estate or interest held by a public authority; or

S. 145(4)(b) amended by No. 43/2021 s. 174(2)(b).

(b) an estate or interest (other than an estate in fee simple) held by a Council.