68Entitlement to compensation

68 Entitlement to compensation

68 Entitlement to compensation

(1) If access across the boundary between any land and a public road is restricted or denied as a result of the road becoming a freeway, transitway or controlled access road, or if a person has started to construct a means of access to a freeway, transitway or controlled access road before its declaration as such and the consent of TfNSW to its completion is refused, the roads authority must pay compensation to the owner of the land for any loss or damage arising from the loss of access.

(2) Compensation is not payable to the owner of any land merely because—

(a) adjacent land is acquired by TfNSW for the purpose of opening a new freeway, transitway or controlled access road or widening an existing freeway, transitway or controlled access road, and

(b) access is restricted or denied across the boundary between the owner’s land and such part of the freeway, transitway or controlled access road as comprises the land so acquired.

(3) Compensation is payable under this Division only if a claim for the compensation is made within 12 months after the land concerned has been declared to be a freeway, transitway or controlled access road.

s 68: Am 1999 No 29, Sch 1 [10]; 2011 No 41, Sch 5.50 [1].