New South Wales Consolidated Acts
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ROADS ACT 1993 - SECT 206
Compensation where council does not have to construct new road
206 Compensation where council does not have to construct new road
(1) This section applies except where it is necessary for the council to
construct a new public road to replace an existing public road that has been
acquired by the Crown by compulsory process.
(2) The amount of the
compensation to which a council is entitled under this section is the sum of--
(a) the money (if any) that the council paid for the acquisition of the land,
(b) the money that the council has spent on the construction of the road,
(c) the money that the council has spent in erecting or constructing, in,
on or over the road, any conduits, poles or structures for use in connection
with any water, sewerage or drainage work of, or any trading undertaking
carried on by, the council, which, at the time of the acquisition by the
Crown, were owned and used by that council in connection with any such work or
trading undertaking, but does not include any money spent on the maintenance,
replacement or repair of the road or any such conduits, poles or structures.
(3) Compensation is not payable under subsection (2) (c) to the extent to
which any such conduits, poles or structures can reasonably continue to be
used by the council in connection with any such work or trading undertaking.
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