Transport Infrastructure Act 1994

A person is entitled to compensation if—

the person is in actual occupation of land (the relevant land) when the establishment of busway transport infrastructure on busway land (the infrastructure) is happening or when it is completed; and

the establishment of the infrastructure is a cause of interference with access (the access interference) for the relevant land; and

the access interference is a cause of interference (the enjoyment interference) with the person’s enjoyment of 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 access interference is substantially greater in nature and extent than the practical effects 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 access 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 compensation is an amount fairly representing, in the particular circumstances—

if the person is in occupation of the relevant land at any time during the establishment of the infrastructure—the reasonable cost to the person of the enjoyment interference during the establishment; and

if the person is in occupation of the relevant land when the establishment of the infrastructure is completed—the reasonable cost to the person of the enjoyment interference, starting from when the establishment of the infrastructure is completed.

In calculating the compensation, no regard is to be had to the reduction in the market value of an interest the person may have in the relevant land.