made by the Government, which the Road Company
has undertaken to refund to the Government under
the project agreement or otherwise.
(2)
Any amount for which the Road Company is liable
under subsection (1) shall become payable
(a) if liability arises prior to the road operating
date, upon that date; and
(b) if liability arises on or after the road
operating date, and the amount of the liability
is certified under section 78, upon presentation
of the certificate to the Road Company.
(3) For the purposes of subsection (1) the Government
shall be deemed to have been liable to pay compensation
where it has made payments of a character usually made by
the Government in the case of land resumption or clearance,
notwithstanding that the payments may have been expressed
to be on an ex gratia basis or have been paid otherwise
than by reason of a legal obligation.