Major Transport Projects Facilitation Act 2009
146Compensation for Councils in certain circumstances
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146 Compensation for Councils in certain circumstances
S. 146(1) amended by No. 43/2021 s. 175.
(1) This section applies to land that was under the control of a Council immediately before the publication of an Order under Subdivision 1, 2 or 2A in relation to that land.
(2) If the Council has—
as a direct, natural and reasonable consequence of the Order, the Council may claim the amount of that loss or expense from the project authority.
(3) For the purposes of subsection (2), the value of the land must not be taken into account when calculating the loss sustained or expense incurred by the Council.
(4) A claim under subsection (2) must be made within 2 years after the Order is made.
(5) Section 48 and Parts 10 and 11 of the Land Acquisition and Compensation Act 1986 apply to a claim under subsection (2) as if it were a claim under section 47(1) of that Act.