Western Australian Current Acts

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PLANNING AND DEVELOPMENT ACT 2005 - SECT 184

184 .         Betterment; compensation for expenses rendered abortive by amendment or repeal of scheme

        (1)         If, by the expenditure of money by the responsible authority in the making and carrying out of a planning scheme, any land or property is within 12 months of the completion of the work, or of the section of the work affecting the land, as the case may be, increased in value, the responsible authority may recover from any person whose land or property is so increased in value, one half of the amount of that increase.

        (2)         A claim by a responsible authority for the purposes of subsection (1) is to be made within the time, if any, limited by the planning scheme, not being less than 3 months after the date when notice of the approval of the scheme is first published.

        (3)         If a planning scheme is amended or repealed by an order of the Minister under this Act any person who has incurred expenditure for the purpose of complying with the planning scheme is entitled to compensation from the responsible authority, in so far as any such expenditure is rendered abortive by reason of the amendment or repeal of the planning scheme.

        (4)         A question as to the amount and manner of payment (whether by instalments or otherwise) of the sum which —

            (a)         the responsible authority is entitled to recover under this section from a person whose land is increased in value; or

            (b)         is to be paid as compensation under this section,

                is to be determined by arbitration in accordance with the Commercial Arbitration Act 2012 or by some other method agreed by the parties.

        [Section 184 amended: No. 23 of 2012 s. 45.]



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