Victorian Current Acts

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PLANNING AND ENVIRONMENT ACT 1987 - SECT 111

Recovery of compensation previously paid

    (1)     Any person who has paid compensation under this Part in respect of land as a result of a reservation or proposed reservation may recover the amount of compensation which is set out in a statement lodged under section 110(1) in respect of the land from the present owner of the land if—

        (a)     the planning scheme is amended to remove the reservation; or

        (b)     the amendment which proposed to reserve the land lapses; or

        (c)     the declaration under section 113 is cancelled.

    (2)     The owner must pay the amount—

        (a)     on getting a demand in writing; or

        (b)     within any further period—

              (i)     agreed with the person entitled to demand payment; or

              (ii)     which the Minister allows under subsection (3).

    (3)     The Minister administering the Land Acquisition and Compensation Act 1986 may allow the amount owing to be paid—

        (a)     by a day later than the demand; or

        (b)     on the sale or transfer of the land

if the Minister thinks that it would cause hardship to the owner to pay the amount on demand.

    (4)     Any compensation which is repayable to any person under this section is a charge on the land.



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