Environmental Planning and Assessment Act 1979 No 203
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
(3) Compensation under this section is to be awarded against the
person who gave the order.