Victorian Repealed Acts

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This legislation has been repealed.

Health Act 1958 - SECT 125

Compensation for seizure of land, building or thing

125. Compensation for seizure of land, building or thing



(1) Any person affected by a seizure of any land, building or thing is
entitled to compensation for that seizure unless the need for that seizure
arose from some action or fault on the part of that person.

(2) An application for compensation must be made to the Secretary in the
prescribed form.



(3) The Secretary must determine the amount of compensation.



(4) The amount of compensation payable in respect of any land or building
destroyed or damaged must be determined in accordance with the
Land Acquisition and Compensation Act 1986 as if-

   (a)  the Secretary had acquired the building compulsorily; and



   (b)  the date of acquisition were the day on which notice was given to the
        owner or occupier under section 124(2).

(5) The amount of compensation (other than compensation payable under
subsection (4)) payable in respect of a seizure is that amount which
represents the loss suffered by the person as the result of the seizure.

(6) A person whose interests are affected by a decision of the Secretary under
this section may apply to the Victorian Civil and Administrative Tribunal for
review of the decision.



(7) An application for review must be made within 28 days after the later of-

   (a)  the day on which the decision is made;

   (b)  if, under the Victorian Civil and Administrative Tribunal Act 1998,
        the person requests a statement of reasons for the decision, the day
        on which the statement of reasons is given to the person or the person
        is informed under section 46(5) of that Act that a statement of
        reasons will not be given.

Division 5-Autopsies





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