Victorian Current Acts

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WATER ACT 1989 - SECT 155A

Compensation for loss of services on declaration of cessation

    (1)     An Authority is liable to compensate any person who is the owner of a property in the district of the Authority which has ceased to be a serviced property by the operation of a declaration made by the Authority under section 161J if the owner has—

        (a)     sustained any pecuniary loss; or

        (b)     incurred any expense—

as a direct, natural and reasonable consequence of the property ceasing to be a serviced property.

    (2)     For the purposes of subsection (1) a "direct natural and reasonable consequence of the property ceasing to be a serviced property" does not include the lost opportunity of the transfer of the service to another property.

    (3)     An Authority is not liable to compensate the owner of a property under subsection (1) for consequential loss.

    (4)     Any claim for compensation under this section must be made and dealt with in accordance with the Land Acquisition and Compensation Act 1986 , as if it were a claim under Part 5 of that Act.



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