sec.124Provision about entitlement to claim compensation

### sec.124 Provision about entitlement to claim compensation This section applies if a place is entered in a local government’s local heritage register under division 3 . For the Planning Act , chapter 2 , part 4 , division 2 , the entry of the place in the local heritage register is taken to be an adverse planning change to the local government’s planning scheme. An owner of the place at the time the change mentioned in subsection (2) happens is entitled to claim compensation under the Planning Act , section 31 , in relation to the change. For claiming compensation— the change mentioned in subsection (2) has effect as if the local government’s planning scheme were amended to the extent of the change; and the local government’s planning scheme that was in effect before the amendment mentioned in paragraph (a) happens is taken to be a superseded planning scheme under the Planning Act ; and the Planning Act , chapter 2 , part 4 , division 2 , applies in relation to the claim with any necessary changes. However, an owner is not entitled to claim compensation under the Planning Act , section 31 in relation to the change more than once. s 124 ins 2007 No. 50 s 34 amd 2009 No. 36 s 872 sch 2 ; 2014 No. 61 s 65 ; 2016 No. 27 s 388 (sec.124-ssec.1) This section applies if a place is entered in a local government’s local heritage register under division 3 . (sec.124-ssec.2) For the Planning Act , chapter 2 , part 4 , division 2 , the entry of the place in the local heritage register is taken to be an adverse planning change to the local government’s planning scheme. (sec.124-ssec.3) An owner of the place at the time the change mentioned in subsection (2) happens is entitled to claim compensation under the Planning Act , section 31 , in relation to the change. (sec.124-ssec.4) For claiming compensation— the change mentioned in subsection (2) has effect as if the local government’s planning scheme were amended to the extent of the change; and the local government’s planning scheme that was in effect before the amendment mentioned in paragraph (a) happens is taken to be a superseded planning scheme under the Planning Act ; and the Planning Act , chapter 2 , part 4 , division 2 , applies in relation to the claim with any necessary changes. (sec.124-ssec.5) However, an owner is not entitled to claim compensation under the Planning Act , section 31 in relation to the change more than once. - (a) the change mentioned in subsection (2) has effect as if the local government’s planning scheme were amended to the extent of the change; and - (b) the local government’s planning scheme that was in effect before the amendment mentioned in paragraph (a) happens is taken to be a superseded planning scheme under the Planning Act ; and - (c) the Planning Act , chapter 2 , part 4 , division 2 , applies in relation to the claim with any necessary changes.