New South Wales Consolidated Acts

LAND ACQUISITION (JUST TERMS COMPENSATION) ACT 1991 - SECT 60

60 Disadvantage resulting from relocation

(1) In this Act:

"disadvantage resulting from relocation" means non-financial disadvantage resulting from the necessity of the person entitled to compensation to relocate the person's principal place of residence as a result of the acquisition.

(2) The maximum amount of compensation in respect of the disadvantage resulting from relocation is $75,000.

Note : Schedule 1A provides for the amendment of this section to enable the maximum amount of compensation to be increased by regulation and for the automatic indexation of the maximum amount in line with inflation.

(3) In assessing the amount of compensation in respect of the disadvantage resulting from relocation, all relevant circumstances are to be taken into account, including:

(a) the interest in the land of the person entitled to compensation, and

(b) the length of time the person has resided on the land (and in particular whether the person is residing on the land temporarily or indefinitely), and

(c) the inconvenience likely to be suffered by the person because of his or her removal from the land, and

(d) the period after the acquisition of the land during which the person has been (or will be) allowed to remain in possession of the land.

(4) Compensation is payable in respect of the disadvantage resulting from relocation if the whole of the land is acquired or if any part of the land on which the residence is situated is acquired.

(5) Only one payment of compensation in respect of the disadvantage resulting from relocation is payable for land in separate occupation.

(6) However, if more than one family resides on the same land, a separate payment may be made in respect of each family if:

(a) the family resides in a separate dwelling-house, or

(b) the Minister responsible for the authority of the State approves of the payment.

(7) If separate payments of compensation are made, the maximum amount under subsection (2) applies to each payment, and not to the total payments.