67VRight to compensation and assessment of compensation

67V Right to compensation and assessment of compensation

(1) Subject to subsections (3) and (5), an owner or occupier of private crossing adjoining land that used the private crossing or had a private crossing right immediately before the closing of the private crossing is entitled to compensation for financial loss suffered as a result of that closure.

(2) The amount of compensation to which the owner or occupier is entitled must be assessed by reference to—

(a) any diminution in the market value of the owner's or occupier's interest (as the case requires) in the private crossing adjoining land caused by the closing of the private crossing; and

(b) any other financial loss suffered or expenses incurred as a natural, direct and reasonable consequence of the closing of the private crossing that is not included in the diminution in the market value of the owner's or occupier's interest.

(3) An owner or occupier is not entitled to compensation under subsection (1) if—

(a) there is adequate existing alternative access to the private crossing adjoining land; or

(b) the Secretary provides, or agrees to provide, adequate alternative access to the private crossing adjoining land.

(4) Despite subsection (3) and subject to subsection (6), the Secretary may offer the owner or occupier compensation in the circumstances in subsection (3)(a) or (b).

(5) Section 67X and the Land Acquisition and Compensation Act 1986 do not apply to an offer of compensation under subsection (4).

(6) An owner or occupier is not entitled to compensation under subsection (1) if the private crossing adjoining land has been, or is to be, acquired under section 67Y.

S. 67W inserted by No. 41/2020 s. 7.