Australian Capital Territory Numbered Acts

LANDS ACQUISITION AMENDMENT ACT 2017 (NO. 23 OF 2017) - SECT 5

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61A     Executive may make offer of compensation where no claim is made

    (1)     This section applies if—

        (a)     the Executive is satisfied that an interest in land (other than a mortgage interest) has been acquired by compulsory process from a person; and

        (b)     at least 3 years have passed since the date of acquisition; and

        (c)     the person has not made a claim for compensation under section 56.

    (2)     The Executive may make an offer of compensation to the person that the Executive considers the person is entitled to in accordance with division 6.2 (Amount of compensation—interests other than mortgage interests).

Note     An offer is an internally reviewable decision (see s 104AA), and the Executive must give an internal review notice to the person (see s 104AB).

    (3)     The internal review notice about the offer of compensation must include a statement—

        (a)     that the Executive is satisfied that the interest in land (other than a mortgage interest) has been acquired by compulsory process from the person; and

        (b)     that at least 3 years have passed since the date of acquisition and the person has not made a claim for compensation under section 56; and

        (c)     about how the compensation offered is worked out.

    (4)     If the Executive makes an offer of compensation to the person under subsection (2) for the acquisition, the person is not entitled to make a claim for compensation under section 56 in relation to the acquisition.

    (5)     In this section:

date of acquisition means the day a declaration under section 33 (Acquisition by compulsory process) in relation to an interest in land came into force.