Page 3175 - Week 09 - Tuesday, 22 August 2017

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Schedule of amendments

Schedule 1

Lands Acquisition Amendment Bill 2017

Amendments moved by the Minister for Planning and Land Management

Proposed new clause 13A

Page 7, line 9—

insert

13A General power of Supreme Court to adjust rights

Section 106 (1) (a)

substitute

(a) determine the person or persons who, at any relevant time, held an interest or interests in particular land in relation to which—

(i) a claim for compensation has been or may be made under this Act; or

(ii) an offer of compensation has been made under section 61A (2) (Executive may make offer of compensation where no claim is made); and

Clause 14

Proposed new section 201

Page 7, line 17—

omit proposed new section 201, substitute

201 Compulsory acquisition before commencement day

(1) This section applies if—

(a) the Executive is satisfied that an interest in land (other than a mortgage interest) has been acquired by compulsory process (the acquisition) from a person before the commencement day; and

(b) the person has not made a claim for compensation under section 56.

(2) The Executive must, within 14 days after the commencement day, give a written notice to the person and any other person whom the Executive believes on reasonable grounds after diligent inquiry, to be a person affected by the acquisition.

Note For how documents may be given, see the Legislation Act, pt 19.5.

(3) A notice under subsection (2) must—

(a) include—

(i) a copy of the declaration under section 33 in relation to the acquisition; and

(ii) a compensation claim form approved under section 118 for section 56; and

(b) state that—

(i) the person appears to be entitled to compensation in relation to the acquisition; and

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