Victorian Current Acts

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PLANNING AND ENVIRONMENT ACT 1987 - SECT 106

Loss on sale

    (1)     The owner of land may claim compensation under section 98 after the sale of the land if—

        (a)     the owner of the land sold it at a lower price than the owner might reasonably have expected to get if the land or part of the land had not been reserved or proposed to be reserved; and

S. 106(1)(b) amended by No. 3/2013 s. 57(1).

        (b)     before selling the land, the owner gave the relevant authority not less than 60 days notice in writing of the owner's intention to sell the land.

    (2)     The owner is not required to give notice under subsection (1)(b) if—

S. 106(2)(a) amended by No. 3/2013 s. 57(1).

        (a)     the owner and the relevant authority have agreed that the owner does not have to give notice; or

        (b)     before or after the sale, the Minister exempts the owner from giving notice on the ground that the requirement to give notice would cause hardship to the owner.

S. 106(3) inserted by No. 3/2013 s. 57(2).

    (3)     In this section "relevant authority" means—

        (a)     the Minister, public authority or municipal council designated in the planning scheme as the acquiring authority for the purposes of this Act in respect of the land; or

        (b)     if there is no acquiring authority, the planning authority.



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