Major Transport Projects Facilitation Act 2009
165IProject authority to prepare condition report for occupied land
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165I Project authority to prepare condition report for occupied land
(1) Within 14 days after the project authority or a person authorised by a project authority occupies land under section 165D, the project authority must give the owner of the land a report as to the condition of the land at occupation (a condition report).
(2) If the owner of the land disagrees with any aspect of the condition report, the owner must give written notice of that disagreement to the project authority within one month after being given the condition report.
(3) If the owner of the land does not give notice of the owner's disagreement within the time specified under subsection (2), the owner is taken to agree with the contents of the condition report.
(4) If the owner gives a notice within the time specified under subsection (2) and the owner and project authority cannot agree as to the contents of the condition report within 2 months after the date the condition report was given under subsection (1), the project authority must give the Valuer General written notice that a dispute exists under this section.
(5) Within 10 business days after receiving notice from a project authority under subsection (4), the Valuer General must appoint a valuer to prepare a condition report.
(6) For the purposes of a claim for compensation under this Subdivision, a condition report prepared by a valuer under this section is conclusive evidence of the condition of the land immediately prior to its occupation by the project authority.
(7) This section does not apply in relation to the entry, occupation or use of land under section 165G.
S. 165J inserted by No. 43/2021 s. 190.