Victorian Numbered Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

MAJOR TRANSPORT PROJECTS FACILITATION ACT 2009 (NO. 56 OF 2009) - SECT 155

Early entry of place of residence or business

    (1)     Section 154 does not apply if—

        (a)     the Governor in Council certifies that having regard to—

              (i)     the urgency of the case or any other exceptional circumstances; and

              (ii)     the public interest—

it is not practicable for the project authority to delay entry into possession of the project land until after the end of the 3 month period referred to in section 154(1); or

        (b)     the project authority and the occupier have, with the consent of the Project Minister, entered into an agreement in relation to the time of entry into possession of the project land by the project authority; or

        (c)     the land is underground land that has been acquired under Division 6 and acquisition of the land will not disturb the use of the surface of the land.

    (2)     A certificate under subsection (1)(a) must specify the date on which the project authority is to take possession.

    (3)     The project authority must serve a copy of the certificate under subsection (1)(a) on the occupier.

    (4)     The occupier whose period of occupation of the project land was abridged under subsection (1)(a) is entitled to claim compensation under Division 1 for any loss or damage that is incurred as a direct, natural and reasonable consequence of that abridgment and for which the person could not otherwise make a claim under that Division.

    (5)     The compensation payable pursuant to subsection (4) may be paid to—

        (a)     the person who is entitled to claim the compensation; or

        (b)     the constituted attorney of that person.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback