Western Australian Current Acts

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PLANNING AND DEVELOPMENT ACT 2005 - SECT 178

178 .         Claim for compensation, time for making

        (1)         A claim for compensation for injurious affection to land by the making or amendment of a planning scheme is to be made —

            (a)         in the case of a claim in respect of injurious affection referred to in section 174(1)(a) or (b), at any time within 6 months after —

                  (i)         the land is sold; or

                  (ii)         the application for approval of development on the land is refused; or

                  (iii)         the approval is granted subject to conditions that are unacceptable to the applicant;

or

            (b)         in the case of a claim in respect of injurious affection referred to in section 174(1)(c), within the time, if any, limited by the planning scheme.

        (2)         The time limited by a planning scheme under subsection (1)(b) is to be not less than 6 months after the date when notice of the approval of the scheme is published in the manner prescribed by the regulations.



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