AustLII Tasmanian Consolidated Acts

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NATIONAL PARKS AND RESERVES MANAGEMENT ACT 2002 - SECT 55

Improvements on land held under licence

(1)  Compensation is not payable in respect of improvements carried out on land held or occupied under a licence granted under section 48 unless the Minister directs that the land or an improvement on the land is required for a public purpose, in which case the Minister must pay compensation for the improvement in accordance with this section.
(2)  Any compensation payable in respect of an improvement is the amount –
(a) determined by the Director, on the recommendation of the Valuer-General, to be the fair and reasonable value of the improvement; and
(b) approved by the Minister.
(3)  If a person who has been offered an amount of compensation assessed in accordance with subsection (2)  –
(a) does not accept the offer within 30 days of receiving it; or
(b) informs the Minister that the amount offered does not represent the fair and reasonable value of the improvement –
the matter is to be taken to be a disputed claim for compensation within the meaning of the Land Acquisition Act 1993 and compensation is to be determined in accordance with that Act as if the improvement were an estate or interest compulsorily acquired under that Act, except that in determining the amount of compensation under that Act regard may only be had to the fair and reasonable value of the improvement.
(4)  If the Minister does not make a direction under subsection (1) , any improvement on the land may be removed.



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