12
CAP. 208]
Country Parks
[1986 Ed.
(Cap. 124.)
(b) the occupier of land within a country park discontinues or modifies the use or ceases to proceed with or modifies the proposed use of that land in accordance with a notice given to him under section 16(2),
and such new development or use is permitted by or under the terms of any lease or agreement for a lease under which the land is held-
(i) in the case of loss, damage or cost under paragraph (a), the
owner of the land; and
(ii) in the case of loss, damage or cost under paragraph (b), any person owning a compensatable interest in the land, shall have the right to claim compensation from the Crown to the extent of the loss, damage or cost suffered or incurred by him as assessed under this Part.
(2) The basis on which compensation is to be assessed shall be--
(a) in the case of a claim for loss, damage or cost under subsection (1)(a), the amount by which the value of the land is reduced on account of the refusal to approve the carrying out of new development; and
(b) in the case of a claim for loss, damage or cost under
subsection (1)(b)—
(i) the amount by which the value of the land is reduced; and
(ii) the amount which might fairly and reasonably be estimated as the loss of the claimant in respect of works necessary to effect the discontinuance, cessation or modification of the use or proposed use,
on account of the requirement to discontinue or modify or the prohibition.
(3) In the assessment of compensation no account shall be taken of any increase or decrease in the value of land to which the compensation relates which is attributable to
(a) the land being within an area of a proposed country park shown on a draft map prepared under section 8; or
(b) the land being within a country park.
(4) For the purposes of this section the value of land shall be such value as would be assessed under the Crown Lands Resumption Ordinance if the land were to be resumed under that Ordinance.
(5) In this section "compensatable interest" means the estate or interest of
(a) a person having an unexpired term in land (including any further term which could be obtained as of right) of not less than one month or a tenancy or sub-tenancy terminable (where by virtue of an Ordinance or otherwise) by either party by not less than one month's notice;