Determination of compensation disputes
88 Determination of compensation disputes
S. 88(1) amended by No. 91/1994 s. 28(2)(a), substituted by No. 52/1998 s. 311(Sch. 1 item 64.7).
The owner or occupier or the licensee may—
apply to the Tribunal for determination of a disputed claim for compensation; or
refer a disputed claim for compensation to the Supreme Court for determination—
in accordance with Part 10 of the Land Acquisition and Compensation Act 1986 as if it were a claim for compensation under that Act and the licensee were the Authority referred to in that Part.
S. 88(2) amended by Nos 91/1994 s. 28(2)(b)(c), 52/1998 s. 311(Sch. 1 item 64.8).
A party who applies to the Tribunal in respect of a claim or refers a claim to the Court under subsection (1) is only entitled to have that claim determined by the Tribunal or the Court (as the case requires) if the Tribunal or the Court is satisfied, after considering evidence produced to it, that the party has attempted to settle the claim by conciliation but has not been able to do so because the other party has refused to negotiate a settlement or because both parties are unable to agree.
In its application to a claim referred under subsection (1) Part 10 of the Land Acquisition and Compensation Act 1986 has effect as if—
S. 88(3)(a) amended by No. 91/1994 s. 28(2)(b).
it required the Tribunal or the Court (as the case requires) in determining the compensation payable to have regard to the provisions of this Part; and
S. 88(3)(b) amended by No. 91/1994 s. 28(2)(b).
section 91(1) provided that the licensee must pay the licensee's own costs and the costs of the other party unless—
S. 88(3)(b)(i) substituted by No. 82/2000 s. 57(2).
the other party is not the owner or occupier of the land affected; or
the other party has been frivolous or vexatious or has otherwise acted unreasonably—
in which case the Tribunal or the Court (as the case requires) may, subject to that section, award such costs as it thinks proper.
S. 88(4) amended by No. 14/2025 s. 48.
The licensee must lodge a copy of a determination under this section with the Department Head for registration.
S. 88A inserted by No. 82/2000 s. 59.
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