NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: MMTR Pty Ltd v Roads and Maritime Services [2015] NSWLEC 177 Hearing dates: 22-26 October 2012, 29 October 2012 Date of orders: 18 November 2015 Decision date: 18 November 2015 Jurisdiction: Class 3 Before: Craig J Decision: 1. Determine compensation under the provisions of the Land Acquisition (Just Terms Compensation) Act 1991 for the acquisition on 27 March 2009 of land being Lots 68 and 69 in DP 1095861 and Lots 12, 13 and 14 in DP 1130560 in the sum of $25,377.
2. Costs reserved.
3. Exhibits may be returned. Catchwords: COMPULSORY ACQUISITION – determination of compensation – land acquired for the purpose of highway upgrade – whether zoning of acquired land for urban purposes occurred 'by reason of' the proposed highway upgrade – s 55(f) Land Acquisition (Just Terms Compensation) Act 2011 – causal link between highway upgrade proposal and rezoning of residue land occasioning land value increase – quantum of increased value of residue land exceeds compensation payable under other heads of claimable compensation – severance – disturbance losses claimable Legislation Cited: Environmental Planning and Assessment Act 1979 (NSW)
Hastings Local Environmental Plan 1987
Hastings Local Environmental Plan 2001 Land Acquisition (Just Terms Compensation) Act 1991 (NSW)
Port Macquarie-Hastings (Area 13 Thrumster) LEP 2008
Roads Act 1993 (NSW)
Transport Administration Act 1988 (NSW)
Transport Legislation Amendment Act 2011 (NSW) Cases Cited: AMP Capital Investors Ltd v Transport Infrastructure Development Corporation [2008] NSWCA 325; 163 LGERA 245
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate