Environmental Planning and Assessment Act 1979 No 203
Current version for 8 March 2013 to date (accessed 24 May 2013 at 04:38)
Part 6Division 2ASection 121ZL

121ZL   Awarding of compensation concerning orders

(1)  The Land and Environment Court, on the hearing of an appeal or otherwise, has a discretion to award compensation to a person on whom an order is served for any expense incurred by the person as a consequence of the order, including the cost of any investigative work or reinstatement carried out by the person as a consequence of the order, but only if the person satisfies the Court that the giving of the order was unsubstantiated or the terms of the order were unreasonable.
(2)  A claim for compensation may not be made more than 28 days after the date on which the Court gives its decision on the appeal or more than 3 months after the date of the order if an appeal is not made against the order.
(3)  Compensation under this section is to be awarded against the person who gave the order.
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