sec.54Compensation

### sec.54 Compensation Subject to subsections (2) and (3) , if a land-holder’s interest in land is injuriously affected by a restriction or prohibition imposed under a management plan on the land-holder’s existing use of the land, the land-holder is entitled to be paid by the authority such reasonable compensation because of the restriction or prohibition as is agreed between the authority and the land-holder or, failing agreement, as is determined by the Land Court. The land-holder’s interest in the land is not injuriously affected if the restriction or prohibition under the management plan is the same, or to the same effect, as a provision of another law applying to the land immediately before the commencement of the plan. Compensation is not payable if compensation has already been paid in respect of— the restriction or prohibition; or a restriction or prohibition to the same effect. A claim for compensation must be lodged with the authority within 6 months after the approval of the management plan or such longer period as the authority or the Land Court in special circumstances allows. In making a determination, the Land Court must have regard to the following matters— the capacity of the land to sustain the use; any change in the value of the land because of the approval of the management plan; any change in the profitability of the land because of the approval of the plan; any cooperative management agreement with the land-holder. Subsection (5) does not limit the matters to which the Land Court may have regard in making a determination. In this section— existing use of land means a lawful use made, or a use that could lawfully be made as of right, of the land immediately before the commencement of the management plan that restricts or prohibits the use. land-holder includes a person having an interest in land. (sec.54-ssec.1) Subject to subsections (2) and (3) , if a land-holder’s interest in land is injuriously affected by a restriction or prohibition imposed under a management plan on the land-holder’s existing use of the land, the land-holder is entitled to be paid by the authority such reasonable compensation because of the restriction or prohibition as is agreed between the authority and the land-holder or, failing agreement, as is determined by the Land Court. (sec.54-ssec.2) The land-holder’s interest in the land is not injuriously affected if the restriction or prohibition under the management plan is the same, or to the same effect, as a provision of another law applying to the land immediately before the commencement of the plan. (sec.54-ssec.3) Compensation is not payable if compensation has already been paid in respect of— the restriction or prohibition; or a restriction or prohibition to the same effect. (sec.54-ssec.4) A claim for compensation must be lodged with the authority within 6 months after the approval of the management plan or such longer period as the authority or the Land Court in special circumstances allows. (sec.54-ssec.5) In making a determination, the Land Court must have regard to the following matters— the capacity of the land to sustain the use; any change in the value of the land because of the approval of the management plan; any change in the profitability of the land because of the approval of the plan; any cooperative management agreement with the land-holder. (sec.54-ssec.6) Subsection (5) does not limit the matters to which the Land Court may have regard in making a determination. (sec.54-ssec.7) In this section— existing use of land means a lawful use made, or a use that could lawfully be made as of right, of the land immediately before the commencement of the management plan that restricts or prohibits the use. land-holder includes a person having an interest in land. - (a) the restriction or prohibition; or - (b) a restriction or prohibition to the same effect. - (a) the capacity of the land to sustain the use; - (b) any change in the value of the land because of the approval of the management plan; - (c) any change in the profitability of the land because of the approval of the plan; - (d) any cooperative management agreement with the land-holder.