Victorian Current Acts Victorian Current Acts(1) A person is entitled to compensation for financial loss suffered as a natural, direct and reasonable consequence of the making of a habitat conservation order where the order affects—
(a) an existing use right under the Planning and Environment Act 1987 ; or
(b) an authority granted under another Act.
(2) In addition to subsection (1), the holder of a licence, permit or other authority suspended under section 34 is entitled to compensation for financial loss suffered as a natural, direct and reasonable consequence of the suspension of that licence, permit or other authority.
(3) The Secretary must determine the amount of compensation to be paid to a person entitled to compensation.
(4) In making a determination under subsection (3), the Secretary must consult with, and consider the submissions of, any other relevant person or body and must have regard to the following matters—
(a) the amount by which, in the Secretary's opinion, the value of the land will be increased or decreased because of the order;
(b) the amount of financial loss to the person which, in the Secretary's opinion, would result from compliance with the order;
(c) any increase in the value of the land which, in the Secretary's opinion, would result from the carrying out of works by the Secretary;
(d) what, in the Secretary's opinion, will be the cost of any works required to be carried out on the land;
(e) any change in the value of chattels or improvements which would, in the Secretary's opinion, occur because the land use or activity to which they relate is to be restricted or prohibited by the order;
(f) any other matter which the Secretary considers relevant.
(5) If compensation is payable under this section, the person to whom it is payable is also entitled to be paid for any reasonable costs associated with the claim for compensation and interest associated with the claim for compensation calculated from the time when the loss was first incurred.
(6) If a person has applied for compensation, the Secretary may decide to make a payment of an amount determined by the Secretary to that person in advance of any decision being made on that person's application.
(7) The Secretary may pay compensation to a person entitled to receive it by part payments at periodic intervals if the Secretary and that person so agree.
(8) Parts 10 and 11 and section 37 of the Land Acquisition and Compensation Act 1986 , with any necessary changes, apply to the determination of compensation under this section as if the claim were a claim under section 37 of that Act.
(9) In this section—
"existing use right" means a use or other thing referred to in section 6(3) of the Planning and Environment Act 1987 (subject to section 6(4) of that Act).
S. 40 substituted by No. 28/2019 s. 20.