Victorian Numbered Acts

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MITCHAM-FRANKSTON PROJECT ACT 2004 (NO 39 OF 2004) - SECT 80

Compensation for Councils in certain circumstances

    (1)     This section applies to land

        (a)     that was under the control of a Council immediately before the publication of an Order under Division 1 or 2 in relation to that land; or

        (b)     to which section 60(1) or 60(2) applies that was under the control of a Council immediately before the commencement of that sub-section.

    (2)     If the Council has—

        (a)     sustained any pecuniary loss; or

        (b)     incurred any expense—

as a direct, natural and reasonable consequence of the Order or the commencement of section 60(1) or 60(2), the Council may claim the amount of that loss or expense from the Authority.

    (3)     For the purposes of sub-section (2), the value of the land must not be taken into account when calculating the loss sustained or expense incurred by the Council.

    (4)     A claim under sub-section (2) must be made within 2 years after the Order was made or section 60(1) or 60(2) commenced (as the case requires).

    (5)     Section 48 and Parts 10 and 11 of the Land Acquisition and Compensation Act 1986 apply to a claim under sub-section (2) as if it were a claim under section 47(1) of that Act.



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