(1) Every person
having any interest in land which is taken under Part 9 is entitled, subject
to this Part, to compensation for the interest from the acquiring authority.
(2) A person whose
interest in the land —
(a) is
not a native title interest; and
(b) is
not duly registered or notified in the Department or Registry of Deeds,
is not entitled to any
compensation under this section if —
(c)
another person has applied for and obtained compensation in respect of the
same land; and
(d) at
the time the compensation was awarded, the acquiring authority had not
received written notice of the unregistered interest from the person
compensated or some other person.
(3) No compensation is
payable under this section for land transferred under section 75 other than in
respect of —
(a)
lawful improvements made to the land since the transfer; or
(b)
consideration paid for the transfer of the land.
(4) In subsection
(2)(b) —
Department means the department of the Public
Service principally assisting in the administration of the TLA.
[Section 202 amended: No. 28 of 2006 s. 378.]