Resolution of excision disputes
26D Resolution of excision disputes
S. 26D(1) amended by No. 63/2006 s. 14.
As soon as possible after receiving notice of a dispute under section 26C, the President of the Australian Property Institute must appoint a person who is appropriately qualified, in the President's opinion, to act as an independent expert to consider the application.
The independent expert must consider the application, the statement of economic significance, the notice of dispute and any other material submitted to the expert within any time specified by the expert.
Within 60 days after her or his appointment, the independent expert must make a recommendation to the Minister, supported by reasons, in relation to the dispute.
The Minister must consider the recommendation and decide whether there would be greater economic benefit to Victoria in continuing the use of the land as agricultural land than in carrying out the work proposed to be carried out on that land under the licence.
S. 26D(5) amended by No. 63/2006 s. 14.
The President of the Australian Property Institute, after considering the advice of the independent expert, may direct the licensee or the person who applied for the excision to pay the whole or any part of the reasonable fees and expenses of the independent expert.
A direction under subsection (5) creates a debt due to the independent expert.
S. 26E inserted by No. 82/2000 s. 22.
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.