Western Australian Numbered Acts

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SWAN AND CANNING RIVERS MANAGEMENT ACT 2006 (NO. 51 OF 2006) - SECT 89

89 .         Compensation

        (1)         In this section —

        “owner” means a person registered as a proprietor of freehold land.

        (2)         If an application for approval is made under this Part by the owner of land, other than a public authority, and the Minister —

            (a)         refuses approval of a development;

            (b)         approves a development in a modified form; or

            (c)         approves a development (including an approval referred to in paragraph (b)) subject to any condition or restriction that is unacceptable to the applicant,

                the owner may obtain compensation for injurious affection from the Trust.

        (3)         If a claim for compensation may be brought under subsection (2), no claim lies under the Planning and Development Act 2005 section 177(1)(b).

        (4)         A claim under subsection (2) must be made to the Trust in the prescribed form not later than 6 months after the day on which the Minister’s decision is notified to the applicant.

        (5)         Compensation is not payable under this section if payment has been made for the same, or substantially the same, injurious affection under the Planning and Development Act 2005 section 177(1)(a).

        (6)         The amount of compensation under subsection (2) must not exceed the difference between — 

            (a)         the value of the land as affected by the Minister’s decision; and

            (b)         the value of the land as not so affected,

                as at the time when the Minister’s decision is made.

        (7)         Any question as to whether any land is injuriously affected and as to the amount and manner of payment of the sum which is to be paid as compensation under this section is to be determined by arbitration under and in accordance with the Commercial Arbitration Act 1985 , unless the parties agree on some other method of determination.

        (8)         Instead of paying compensation, the Trust may purchase the land affected by the Minister’s decision.

        (9)         The Planning and Development Act 2005 sections 180, 187 and 188 apply for the purposes of this section, with all necessary changes, as if references in that section to the Commission were references to the Trust.

        (10)         This section applies to a decision of the Trust under section 85 as if references in this section to the Minister were references to the Trust.



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