Victorian Current Acts

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Limit on total amount of compensation

S. 89(1) amended by No. 59/2010 s. 48(1).

    (1)     The total amount of compensation payable under section 85(1) or (1A) in respect of any land must be no greater if the land is not owned and occupied by the same person than if it is.

    (2)     Nothing in subsection (1) limits the amount of solatium payable to the owner or occupier under section 85(2).

S. 89(3) inserted by No. 82/2000 s. 60, amended by Nos 59/2010 s. 48(2), 68/2014 s. 52.

    (3)     The maximum amount of compensation that a court or the Tribunal may order to be paid under section 85(1)(e) or (1A)(d) (loss of amenity) is $10 000.

Pt 8 Div. 2 (Heading and ss 89AA, 89AB) inserted by No. 6/2009 s. 31.

Division 2―Extractive industri es search authorities

S. 89AA inserted by No. 6/2009 s. 31, amended by No. 68/2014 s. 53.

        89AA         Compensation―search authorities

    (1)     Compensation is payable by the Crown to the owner or occupier of any land in respect of which an authority is granted under section 112 to enter for the purpose of searching for stone (a  search authority ) for damage that has been or will be sustained by the owner or occupier to crops or improvements, including permanent artificial water supply, by reason of any operation that has been or will be carried out on that land under the search authority.

    (2)     The holder of a search authority must not commence any surveys or operations on any land unless the Crown has paid or tendered to the owner and to the occupier of the land the amount of compensation (if any) in each case that is—

        (a)     agreed on by the Crown and the owner or occupier (as the case may be); or

        (b)     in default of agreement, determined by the Magistrates' Court in accordance with subsection (6).

    (3)     The Crown may treat and agree with the owner or occupier with respect to the amount of compensation to be paid.

    (4)     An agreement is not valid unless it is in writing signed by the parties and a copy is lodged with the Secretary.

    (5)     At least 28 days before the holder of a search authority commences to search for stone on any land he or she must notify the owner of the land or the owner and the occupier of his or her intention to do so.

    (6)     If within 21 days after notice of intention to commence to search for stone on any land has been given the parties have not agreed upon the compensation to be paid the amount may upon the application of either party be determined by the Magistrates' Court.

S. 89AB inserted by No. 6/2009 s. 31.

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