New South Wales Consolidated Acts

LAND ACQUISITION (JUST TERMS COMPENSATION) ACT 1991 - SECT 70

70 Compensation for rescission of acquisition notice

(1) If an acquisition notice is rescinded (in whole or in part) under this Act, a person in whom the land is revested on that rescission is entitled to be compensated by the authority of the State for any financial costs or any damage actually incurred or suffered by that person as a direct consequence of the compulsory acquisition and its rescission.

(2) Compensation is not payable under this section in respect of any change in the value of the land.

(3) The compensation payable under this section includes compensation for any easement or other interest which was created after the acquisition of the land and which subsists after the rescission of the acquisition notice. Section 62 and any other relevant provision of Part 3 apply to the determination of the amount of any such compensation.

(4) Compensation is not payable under this section unless a claim for compensation is made within 3 years after the rescission of the acquisition notice.