Commonwealth Numbered Acts

LANDS ACQUISITION ACT 1989 No. 15 of 1989 - SECT 59

59. (1) This section applies where:

   (a)  an interest in land is acquired from a person by compulsory process;

   (b)  immediately before the acquisition, a planning instrument was in force
        having the effect of limiting or restricting the permissible use of
        the land to use for a purpose of a public nature;

   (c)  the planning instrument was made to meet the needs of an acquiring
        authority; and

   (d)  the planning instrument was not in force in relation to the land at
        the time the person acquired the interest.

(2) In determining the amount of compensation to which the person is entitled
in respect of the acquisition of the interest:

   (a)  the limitation or restriction on the use of the land imposed by the
        planning instrument shall be disregarded;

   (b)  it shall be assumed that the land was subject only to such limitations
        and restrictions as would have been likely if there had been no
        proposal to limit or restrict the use of the land to use for the
        purpose permitted by the planning instrument; and

   (c)  the amount of any compensation paid or payable to the person in
        consequence of the planning instrument shall be deducted from the
        compensation to which the person would otherwise be entitled.