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LAND ACQUISITION (JUST TERMS COMPENSATION) ACT 1991 - SECT 60
Disadvantage resulting from relocation
(1) In this Act--
"disadvantage resulting from relocation" means non-financial disadvantage
resulting from the necessity of the person entitled to compensation to
relocate the person's principal place of residence as a result of the
acquisition.
(2) The maximum amount of compensation in respect of the
disadvantage resulting from relocation is $75,000. Note--: Schedule 1A
provides for the amendment of this section to enable the maximum amount of
compensation to be increased by regulation and for the automatic indexation of
the maximum amount in line with inflation.
(3) In assessing the amount of
compensation in respect of the disadvantage resulting from relocation, all
relevant circumstances are to be taken into account, including-- (a) the
interest in the land of the person entitled to compensation, and
(b) the
length of time the person has resided on the land (and in particular whether
the person is residing on the land temporarily or indefinitely), and
(c) the
inconvenience likely to be suffered by the person because of his or her
removal from the land, and
(d) the period after the acquisition of the land
during which the person has been (or will be) allowed to remain in possession
of the land.
(4) Compensation is payable in respect of the
disadvantage resulting from relocation if the whole of the land is acquired or
if any part of the land on which the residence is situated is acquired.
(5)
Only one payment of compensation in respect of the
disadvantage resulting from relocation is payable for land in separate
occupation.
(6) However, if more than one family resides on the same land, a
separate payment may be made in respect of each family if-- (a) the family
resides in a separate dwelling-house, or
(b) the Minister responsible for the
authority of the State approves of the payment.
(7) If separate payments of
compensation are made, the maximum amount under subsection (2) applies to each
payment, and not to the total payments.
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