sec.57Compensation

### sec.57 Compensation Subject to subsections (2) and (3) , if a land-holder’s interest in land is injuriously affected by a prohibition under section 56 , the land-holder is entitled to be paid by the authority such reasonable compensation because of the prohibition as is agreed between the authority and the land-holder or, failing agreement, as is determined by the Land Court. Compensation is payable only if the prohibition is a prohibited act merely because of paragraph (b) or (c) of the definition prohibited act in section 56 . Compensation is not payable if compensation has already been paid in respect of— the prohibition; or a similar prohibition. A claim for compensation must be lodged with the authority within 6 months after the prohibition starts or such longer period as the authority or 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 prohibited act; any change in the value of the land because of the prohibition; any change in the profitability of the land because of the prohibition; 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— land-holder includes a person having an interest in land. (sec.57-ssec.1) Subject to subsections (2) and (3) , if a land-holder’s interest in land is injuriously affected by a prohibition under section 56 , the land-holder is entitled to be paid by the authority such reasonable compensation because of the prohibition as is agreed between the authority and the land-holder or, failing agreement, as is determined by the Land Court. (sec.57-ssec.2) Compensation is payable only if the prohibition is a prohibited act merely because of paragraph (b) or (c) of the definition prohibited act in section 56 . (sec.57-ssec.3) Compensation is not payable if compensation has already been paid in respect of— the prohibition; or a similar prohibition. (sec.57-ssec.4) A claim for compensation must be lodged with the authority within 6 months after the prohibition starts or such longer period as the authority or Land Court in special circumstances allows. (sec.57-ssec.5) In making a determination, the Land Court must have regard to the following matters— the capacity of the land to sustain the prohibited act; any change in the value of the land because of the prohibition; any change in the profitability of the land because of the prohibition; any cooperative management agreement with the land-holder. (sec.57-ssec.6) Subsection (5) does not limit the matters to which the Land Court may have regard in making a determination. (sec.57-ssec.7) In this section— land-holder includes a person having an interest in land. - (a) the prohibition; or - (b) a similar prohibition. - (a) the capacity of the land to sustain the prohibited act; - (b) any change in the value of the land because of the prohibition; - (c) any change in the profitability of the land because of the prohibition; - (d) any cooperative management agreement with the land-holder.