Section 26 of the Land Acquisition (Just Terms Compensation) Act 1991 (NSW) confers a discretion on the Valuer-General to allow disturbance costs and solatium for acquisitions under the hardship provisions in Part 2 Division 3, rather than excluding those heads of compensation entirely. However, legal costs incurred in establishing hardship under s 24 are not compensable as disturbance costs under s 59(1)(a) because they are incurred before any entitlement to compensation arises. Provisions concerning compensation for compulsory acquisition should be construed generously and liberally.
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