Part 4 Compensation for abandoned acquisition of land

69   Compensation for withdrawal of proposed acquisition notice

(1)  If a proposed acquisition notice is withdrawn (or taken to be withdrawn) under this Act, an owner of the land concerned is entitled to be compensated by the authority of the State who gave the notice for any financial costs or any damage actually incurred or suffered by the owner as a direct consequence of the giving of the notice and its later withdrawal.

(2)  Compensation is not payable under this section in respect of any change in the value of the land.

(3)  Compensation is not payable under this section unless a claim for the compensation is made within 3 years after the withdrawal of the proposed acquisition notice.

70   Compensation for rescission of acquisition notice

(1)  If an acquisition notice is rescinded (in whole or in part) under this Act, a person in whom the land is revested on that rescission is entitled to be compensated by the authority of the State for any financial costs or any damage actually incurred or suffered by that person as a direct consequence of the compulsory acquisition and its rescission.

(2)  Compensation is not payable under this section in respect of any change in the value of the land.

(3)  The compensation payable under this section includes compensation for any easement or other interest which was created after the acquisition of the land and which subsists after the rescission of the compensation notice. Section 62 and any other relevant provision of Part 3 apply to the determination of the amount of any such compensation.

(4)  Compensation is not payable under this section unless a claim for compensation is made within 3 years after the rescission of the compensation notice.

71   Claims for compensation under this Part

(1)  A person who wishes to claim compensation under this Part must lodge a claim for compensation in accordance with this section with the authority of the State liable to pay the compensation.

(2)  A claim for compensation must be in the form prescribed by the regulations or (if no such form is prescribed) in the form approved by the Minister.

(3)  A claim for compensation may be withdrawn by the claimant.

(4)  The authority of the State may accept a claim for compensation (in whole or in part) or reject any such claim.

(5)  A claim for compensation is taken to have been rejected if the authority of the State has not dealt with the claim within 60 days after receiving the claim. However, the authority of the State is not precluded from accepting the claim after that time.

(6)  A person whose claim for compensation is rejected (or taken to be rejected) or is accepted in part only may appeal to the Land and Environment Court against that decision. Section 67 applies to any such appeal in the same way as it applies to an appeal under that section.

(7)  The regulations may apply any of the provisions of Part 3 relating to claims for compensation under that Part (with or without modifications) to claims for compensation under this Part.