32FCompensation in certain circumstances

32F Compensation in certain circumstances (1) The owner and occupier of any works is entitled to be paid, by the person specified by the consultative committee that prepared the plan, or specified by the Minister in a plan referred to in section 32E, compensation for any loss suffered or expenses sustained as a result of— (a) being directed under section 32B(1)(a) to carry out works or install equipment; or (b) being ordered under section 32B(1)(b) to remove works. (2) If as a result of the enforcement of an approved management plan a benefit is conferred on one person and a detriment is suffered by another person, the second-mentioned person is entitled to be paid by the first-mentioned person compensation for the detriment suffered. (3) The amount of compensation payable under subsection (1) or (2) is as agreed by the parties or, in the absence of agreement, as determined by the Authority that has the duty of administering and enforcing the plan, and that amount may be enforced as a debt in a court of competent jurisdiction. S. 32F(4) substituted by No. 48/2003 s. 12(1). (4) A person whose interests are affected by a decision— (a) of an Authority under subsection (3) as to the amount of compensation payable; or (b) of a consultative committee or the Minister under subsection (1)— (i) that a specified person must pay compensation; or (ii) that no compensation is payable— may apply to the Tribunal for review of the decision. (5) An application for review must be made within 28 days after the later of— (b) if, under the **Victorian Civil and Administrative Tribunal Act 1998**, the person requests a statement of reasons for the decision, the day on which the statement of reasons is given to the person or the person is informed under section 46(5) of that Act that a statement of reasons will not be given. S. 32G inserted by No. 5/2002 s. 10.