Health Infrastructure Enabling Regulation 2023

Matters that may be relevant to working out the amount of compensation for the acquisition of Calvary’s interest in the public hospital land include the following:

the market value of the Crown lease for the hospital land on the acquisition day;

that—

the Crown lease and preceding Crown lease for the hospital land were granted to Calvary for no charge and a nominal rent was payable under the leases; and

the Crown lease as amended under the Act, section 19 continues to be held by Calvary for no charge and for nominal rent; and

certain buildings and improvements on the hospital land and capital items were funded by the Territory, the Commonwealth or entities other than Calvary or a related corporation;

the value, on the acquisition day, of any financial advantage to Calvary, additional to the market value of the Crown lease for the hospital land, incidental to Calvary’s interest in the hospital land;

any reasonable increase or decrease in the value of the private hospital land or buildings or other improvements on it directly caused by—

the removal of the public hospital land from the Crown lease; or

the development of a new public hospital on the public hospital land;

any costs reasonably incurred by Calvary as a direct and reasonable consequence of it complying with its obligations under the Act;

any other loss, injury or damage suffered, or expense reasonably incurred, by Calvary as a direct and reasonable consequence of the acquisition.

Calvary must take all reasonable steps to minimise any loss, injury or damage suffered, or expense reasonably incurred by Calvary because of the acquisition of Calvary’s interest in the public hospital land.

Example

make a claim under an insurance policy or under an indemnity or other contractual right for a loss