(1) Compensation for
injurious affection to any land within a regional order area or a local order
area or for loss arising from any other cause is payable under this Part as a
result of the operation of the relevant interim development order if, and only
if —
(a) the
Commission or the local government administering the interim development order
—
(i)
refuses an application made under that interim
development order for approval of development on that land; or
(ii)
grants such an application subject to conditions,
on the ground that the
proposed planning scheme for the regional order area or local order area, as
the case requires, is to include that land within a reservation for public
purposes; and
(b) any
decision for the review of which the claimant has made an application under
section 249 has been affirmed in whole or in part by the State Administrative
Tribunal.
(2) The Commission or
local government, as the case requires, may, and if the claimant so requests
is to, purchase any land injuriously affected at a price not exceeding the
value of that land at the time of —
(a) the
refusal of approval; or
(b) the
grant of approval subject to conditions,
without regard to any
increase in value attributable wholly or in part to the proposed region
planning scheme or proposed local planning scheme for the regional order area
or local order area in which the land is situated.
(3) If the land is not
purchased under subsection (2), when compensation of the kind referred to in
subsection (1) is claimed that compensation is to be determined by arbitration
in accordance with the Commercial Arbitration Act 2012 or by some other method
agreed by the parties.
[Section 185 amended: No. 23 of 2012 s. 45.]