Victorian Current Acts

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PLANNING AND ENVIRONMENT ACT 1987 - SECT 201P

Compensation

    (1)     If an order is made under section 201L or section 201O, the Secretary must make provision for the payment of compensation—

        (a)     to any person in whom the land comprised in the road or part of the road is vested; and

        (b)     to any owner of property which in the opinion of the Secretary is likely to be substantially affected by the closure of the road or the removal of the easement or restriction.

    (2)     The Minister may certify that, having regard to the extent to which a person referred to in subsection (1) is or is likely to be affected by the closure of the road or the removal of the easement or restriction, the compensation payable to that person should not exceed the amount stated in the certificate (not being less than $400).

    (3)     If the Minister so certifies under subsection (2), the amount stated in the certificate in respect of that person shall be the full amount payable to him or her under subsection (1) by the Secretary by way of compensation.

    (4)     If the Minister is satisfied that a person who might be entitled to compensation under subsection (1) cannot be found, the Minister may direct that no provision, or such provision as the Minister specifies, shall be made for payment of compensation to that person.

    (5)     If neither subsection (3) nor (4) applies, the compensation payable under subsection (1) to a person—

        (a)     shall be as agreed between the Secretary and the person; or

        (b)     if agreement is not reached, shall be determined in accordance with Part 10 of the   Land Acquisition and Compensation Act 1986 as if the amount of compensation payable were a disputed claim.

S. 201Q inserted by No. 103/1997 s. 3.



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