New South Wales Consolidated Acts

LAND ACQUISITION (JUST TERMS COMPENSATION) ACT 1991 - SECT 42

42 Notice of compensation entitlement and offer of compensation

(1) An authority of the State which has compulsorily acquired land under this Act must, within 45 days after the publication of the acquisition notice, give the former owners of the land written notice of the compulsory acquisition, their entitlement to compensation and the amount of compensation offered (as determined by the Valuer-General).

(2) The compensation notice must be given to all former owners of the land who, immediately before the acquisition:

(a) had a registered interest in the land, or

(b) were in lawful occupation of the land (but only if the authority of the State considers they are entitled to compensation), or

(c) had, to the actual knowledge of the authority of the State, an interest in the land which entitles them to compensation.

(3) If the acquisition relates only to a particular interest in land, the notice need only be given to all such former owners of that interest.

(4) The Minister may extend the period of 45 days within which the compensation notice is required to be given (but not by more than 60 days) if the Minister is satisfied that it is necessary to do so to enable a valuation to be made of any interest in the land concerned.

(5) An authority of the State is not excused from the requirement to give a compensation notice because the period during which the notice is required to be given has expired or because the former owner has not lodged a claim for compensation.

(6) However, the authority of the State may delay giving a compensation notice if a number of persons claim competing interests in the land concerned.

(7) Despite any such delay, the compensation may be paid into the trust account under this Part and advance payments of compensation may be made under this Part.

(8) The obligation of the Valuer-General under section 41 (3) to provide a copy of the determination of the amount of compensation to the former owner applies despite a failure by the authority of the State to give a compensation notice to the former owner as required by this section.