165URent for occupation until acquisition or abandonment of acquisition

165U Rent for occupation until acquisition or abandonment of acquisition

(1) The person who would otherwise be entitled to exclusive possession of land that is occupied under section 165P has a right to receive rent from the project authority for the occupation of the land, determined under this section, as the case requires—

(a) for land that is acquired under section 112, for the period until the land is acquired; or

(b) for land that is not acquired under section 112, until the requirements in section 165R(2) have been complied with and the project authority is no longer occupying that land.

(2) Within 30 days after giving an advance work notice, the project authority must make an offer for the payment of rent to the person who would otherwise be entitled to exclusive possession of the land for the authority's occupation of that land.

(3) If a project authority and the person who would otherwise be entitled to exclusive possession of the land do not agree on an amount of rent to be paid by the project authority within one month after the project authority's first offer for the payment of rent under subsection (2), the project authority must give the Valuer General written notice of the disagreement.

(4) Within 10 business days after receiving notice from a project authority under subsection (3), the Valuer General must appoint a valuer to determine the amount of rent payable for the occupied land by the project authority.

(5) If the project authority or the person who would otherwise be entitled to exclusive possession of the land disagrees with a determination made by a valuer under subsection (4), the disagreement is taken to be a disputed claim for the purposes of the Land Acquisition and Compensation Act 1986 and Part 10 of that Act applies as if—

(a) a reference in that Part to the Authority were a reference to the project authority; and

(b) a reference in that Part to the claimant were a reference to the person who would otherwise be entitled to exclusive possession of the land.

S. 165V inserted by No. 48/2024 s. 22.