Transport Infrastructure Act 1994

A person who has an interest in land (the relevant land) is entitled to compensation if the establishment of busway transport infrastructure on busway land (the infrastructure), when completed, is a cause of interference (the interference) with access for the relevant land.

Subsection (1) applies only if—

either of the following applies—

the busway land joins directly with the relevant land or with land (access land) giving access for the relevant land because of an easement or other right or interest;

the busway land does not join directly with the relevant land or with access land, but it is possible to travel from the relevant land or access land to the busway land by travelling only over road; and

the practical effect of the interference is substantially greater in nature and extent than the practical effect of interference with access for the relevant land that might reasonably be expected to be experienced from time to time in changes to the operation of the road network; and

the practical effect of the interference is that there is a direct and substantial interference with practicable access for the relevant land compared with the practicable access existing for the relevant land before the establishment of the infrastructure.

The amount of the compensation is the amount by which the market value of the interest may fairly be said to have been reduced because of the interference now affecting the relevant land.

However, the compensation must not be more than the compensation that would have been awarded if the interest had been acquired.