New South Wales Consolidated Acts

LAND ACQUISITION (JUST TERMS COMPENSATION) ACT 1991 - SECT 48

48 Advance payments of compensation etc

(1) An authority of the State may, at any time after land is acquired, make an advance payment of compensation to any person who the authority considers is entitled to the compensation.

(2) An advance payment may be made on application by the person or without any such application if the person agrees to accept the advance payment.

(3) The acceptance by a person of an advance payment of compensation does not constitute an acceptance of any offer of compensation made by the authority of the State.

(4) A person who receives an advance payment of compensation which exceeds the amount of compensation to which the person is entitled must repay to the authority of the State the amount of the excess.

(5) Any advance or other payment of compensation to a person not entitled to the compensation must be repaid to the authority of the State that made the payment.

(6) Any amount due to an authority of the State under this section may be recovered as a debt in any court of competent jurisdiction.