72DCircumstances in which compensation must not be paid under section 72C

1. Compensation must not be paid to an owner of land under section 72C(1) unless vacant possession of the land and all buildings and structures on the land is given to the notifying authority by that owner—

2. on or before the vacant possession date, or any later date that the authority allows, if the land is acquired under an agreement that specifies a vacant possession date:
3. within 1 month after the date on which the authority serves notice on the vendor or the person from whom the land is taken (as the case may be) that vacant possession is required, or within any longer period that the authority allows, if—
   1. the land is acquired under an agreement that does not specify a vacant possession date; or
   2. no agreement for sale is entered into and the land is taken by Proclamation.

4. Compensation must not be paid under section 72C(1) unless the person giving vacant possession—

5. is one of the following:
   1. an owner of the land on the notification date:
   2. the spouse, civil union partner, or de facto partner of an owner of the land on the notification date:
   3. the person beneficially interested in the land if an owner dies after the notification date; and
6. was an owner of the land on the vacant possession date; and
7. was an owner of the land for a substantial part of the period between the notification date and the vacant possession date; and
8. was—
   1. not a willing party to the taking or acquisition of the land; or
   2. a willing party to the taking or acquisition principally because the land had been notified.

9. Compensation must not be paid under section 72C(1) to an owner of land if that person is paid compensation for the loss of a dwelling on that land under section 72(1).

Notes

• Section 72D: inserted, on 19 April 2017, by section 195 of the Resource Legislation Amendment Act 2017 (2017 No 15).