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STATE DEVELOPMENT AND PUBLIC WORKS ORGANISATION ACT 1971 - SECT 139
Compensation for exercise of power under ss 136 and 138
139 Compensation for exercise of power under ss 136 and 138
(1) A person who claims to have suffered damage resulting from an exercise of
power under section 136 or 138 may apply for and be awarded compensation as
provided for in this section.
(2) Every application for compensation on
account of such damage shall be made and dealt with in the manner prescribed
by the Acquisition of Land Act 1967 in relation to applications for
compensation made under that Act and the entitlement to such compensation
(including right of appeal in respect thereof) and the assessment of such
compensation shall be as prescribed by that Act in so far as the provisions of
that Act are appropriate to a claim for compensation made on account of such
damage and subject always to the provisions of this section.
(3) Compensation
that may be payable on a claim made on account of damage resulting from an
exercise of power under section 136 may include compensation in respect of—
(a) damage of a temporary nature as well as of a permanent nature; or
(b) the
taking of clay, earth, gravel, sand, timber, wood, and other material;
but
shall not in any case exceed the amount that would have been payable under the
Acquisition of Land Act 1967 had the land in question been taken by the
Coordinator-General.
(4) The assessment of compensation that may be payable
on a claim made on account of damage resulting from an exercise of power under
section 138 is subject to the following conditions— (a) compensation is not
payable for the taking, impounding, diversion or use, permanently or
temporarily, of water from any body of water;
(b) compensation is not payable
on account of a diminution or deterioration in a supply of water to any person
unless it— (i) deprives the person of a supply of water theretofore enjoyed
by the person lawfully; and
(ii) is the direct result of the works for or in
connection with which the power was exercised; and
(iii) will be permanent in
its duration;
(c) where the damage appears to be of a permanent or recurrent
nature—an amount of compensation may be agreed on or awarded on account of
damage sustained up to the date of the application for compensation and to be
sustained thereafter in full satisfaction of the claim and in such case no
further compensation shall be payable on account of future such damage.
(5)
Where at the time when an application is made for compensation on account of
damage resulting from an exercise of power under section 136 or 138 the works
for or in connection with which the power is exercised are not completed a
member of the Land Court may, on the application of the Coordinator-General,
order that the matter of the application for compensation be deferred until
the works are completed or for a time limited in the order and thereupon no
further proceeding shall be had on the application for compensation (save an
application hereinafter in this subsection referred to) until the completion
of the works or, as the case may be, the expiration of the time so limited
unless a member of the Land Court on the application of the applicant for
compensation otherwise orders.
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