Health Infrastructure Enabling Regulation 2023

Matters that may be relevant to working out the amount of compensation for an acquisition of a miscellaneous interest include the following:

except in a case to which paragraph (b) applies—

the market value of the interest on the acquisition day; and

the value, on the acquisition day, of any financial advantage to the person, additional to market value, incidental to the person’s interest; and

the impact caused by the acquisition on any other interest ancillary to the person’s interest;

if the person’s interest was diminished, but not extinguished, by the acquisition—the loss suffered by the person because of the diminution of the person’s interest;

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

A person must take all reasonable steps to minimise any loss, injury or damage suffered, or expense reasonably incurred by them because of the acquisition of the person’s interest.

Example

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