Transport Infrastructure Act 1994

This section applies in relation to the following—

a light rail overhead wiring easement;

light rail overhead wiring damage.

Despite anything to the contrary in the Acquisition of Land Act 1967 or a provision of this chapter, compensation is not payable for—

the taking of a light rail overhead wiring easement that is an easement or other interest in land relating to a road; or

light rail overhead wiring damage that occurs on or in relation to a road.

Also, despite anything to the contrary in the Acquisition of Land Act 1967 or a provision of this chapter, compensation is payable for the following only in accordance with subsections (4) to (8)—

the taking of a light rail overhead wiring easement that is not an easement or other interest in land relating to a road (compensable taking of overhead wiring easement);

light rail overhead wiring damage that occurs other than on or in relation to a road (compensable overhead wiring damage).

A relevant person may apply in writing to the chief executive for compensation for—

compensable taking of overhead wiring easement; or

compensable overhead wiring damage.

An application under subsection (4) must be made—

within 1 year after—

for compensable taking of overhead wiring easement—the day of the taking; or

for compensable overhead wiring damage—the day the damage occurs; or

within a longer period allowed by the chief executive.

If, within 60 days after a relevant person applies for compensation under subsection (5), or a longer period agreed between the person and the chief executive, no agreement has been reached between the person and the chief executive about the application—

the person may apply to the Land Court for the compensation; or

the chief executive may apply to the Land Court to have the compensation decided by the court.

The Land Court has jurisdiction to deal with an application made to it under subsection (6), including jurisdiction to require the chief executive to pay the person compensation decided by the court.

Compensation paid under this section for compensable overhead wiring damage caused to land must not be more than the compensation that would have been awarded if the land had been taken by the chief executive under the Transport Planning and Coordination Act 1994, part 4.

In this section—

for compensable taking of overhead wiring easement—the person who holds an interest in the land affected by the easement or other interest in the land; or

for compensable overhead wiring damage—a person affected by the damage.