165ZCompensation on acquisition of interest in land for permanent infrastructure

165Z Compensation on acquisition of interest in land for permanent infrastructure

(1) This section applies if a person's interest in land is acquired under section 112 for permanent infrastructure constructed under section 165P(1)(b).

(2) Without limiting section 30 of the Land Acquisition and Compensation Act 1986, the person is also entitled to compensation under that section if the person has—

as a direct, natural and reasonable consequence of the entry, occupation or use of the land under section 165P(1)(a).

(3) In addition—

(a) without limiting section 43 of the Land Acquisition and Compensation Act 1986, in any assessment of compensation under that Act, any change to the condition of the land by reason of the entry, occupation and use of the land under section 165P(1)(a) must be disregarded; and

(b) section 53(1) of the Land Acquisition and Compensation Act 1986 applies as if—

(i) for "interest; or" at the end of paragraph (a) there were substituted "interest—"; and

(ii) paragraph (b) of that subsection and the words "whichever is the earlier," were omitted.

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

165ZA Possession of land acquired for permanent infrastructure

On publication in the Government Gazette of a notice of acquisition for land following the exercise of powers under section 165P in relation to the land, the project authority is taken to be in possession of that land.

Division 5 of Part 2 of the Land Acquisition and Compensation Act 1986 and Division 5 of Part 6 of this Act do not apply to land acquired after the exercise of powers under this Subdivision. See sections 113(2) and 150A.

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

165ZB Compensation for occupation where interest is not acquired

(1) A person with an interest in land who sustains a pecuniary loss, or incurs any expense as a direct, natural and reasonable consequence of the entry, occupation or use of the land under section 165P(1)(a) may claim that loss or expense from the project authority.

(2) A claim for compensation under subsection (1) must be made within 2 years after—

(a) the person is given an abandon acquisition notice; or

(b) the construction completion date.

(3) The Land Acquisition and Compensation Act 1986 applies to a claim for compensation under this section as if a reference in that Act to section 46 were a reference to this section.