Victorian Current Acts Victorian Current ActsS. 94(1) amended by No. 128/1993 s. 21(2).
(1) If a permit is not cancelled or amended after a notice is given under section 93, the responsible authority or a person who has given an undertaking under section 93 is liable to pay compensation to the owner of the land and the occupier of the land and any other person who had an interest in the land for any loss or damage they suffer as a result of the giving of notice.
(2) If a permit is cancelled or amended under this Division the responsible authority is liable to pay compensation to any person who has incurred expenditure or liability for expenditure as a result of the issue of the permit in respect of—
(a) any of that expenditure which is wasted because the permit is cancelled or amended; and
(b) any additional expenditure or liability necessarily incurred in purchasing other land to use or develop in the required manner because the permit is cancelled or amended.
S. 94(2A) inserted by No. 3/2013 s. 37.
(2A) A referral authority is liable to pay the compensation referred to in subsection (2) instead of the responsible authority if the permit is cancelled or amended under this Division because of a material mistake in relation to the issue of the permit that arose from an act or omission of the referral authority.
(3) There must be deducted from the amount of the additional expenditure or liability—
(a) the market value of the land in respect of which the permit was cancelled or amended at the date when the claimant for compensation sold it; or
(b) if the land has not been sold, the market value of that land at the date when the claimant bought the other land.
(4) Compensation is not payable if the permit is cancelled or amended—
(a) on the ground that there has been a substantial failure to comply with the conditions of the permit; or
(b) on the ground that the permit was granted following an application in relation to which a material mis-statement or concealment of fact was made; or
S. 94(4)(c) amended by No. 52/1998 s. 191(1).
(c) on the ground of any material mistake in relation to the grant of a permit if the Tribunal considers that the mistake arose from any act or omission by or on behalf of the applicant for the permit; or
(d) on the ground referred to in section 87(2).
(5) Parts 10 and 11 and section 37 of the Land Acquisition and Compensation Act 1986 with any necessary changes apply to the determination of compensation under this section as if a claim for compensation were a claim under section 37 of that Act.
Division 4—Provisions relating to Ministers, government departments and responsible authorities