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ARTICLE · 11 SEPTEMBER 2016

NSW Government Bulletin - 31 August 2016

Holding Redlich
Holding Redlich
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Updated on NSW government & administrative law matters.

AustraliaGovernment, Public Sector

Tunnel to nowhere? Azizi v Roads and Maritime Services [2016] NSWLEC 97

The recent Land and Environment Court (LEC) decision of Azizi v Roads and Maritime Services [2016] NSWLEC 97 (Azizi) is the first to consider s62(2) of the Land Acquisition (Just Terms) Compensation Act 1991 (JT Act) which sets out when compensation is payable where subsurface land is acquired for the purposes of constructing a tunnel.

The case is of interest because it had the potential to have far reaching implications. If the LEC had concluded that the applicant landowner was entitled to compensation, the decision was likely to have enlivened claims for compensation by landowners for the sub-surface acquisition of land for tunnels. As explained in this article however, the LEC found that no compensation was payable to the applicant landowner.

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