Schedule 4

FOURTH SCHEDULESections 20, 22(1) and (4) and 22ACompensationPart 1Losses for which compensation may be claimedBasis on which compensation is to be assessedPersons who may claim compensation for their respective lossesPeriod within which the claim must be served on the Authority or other person1.(a)The loss due to displacement resulting from the exercise of the Authority’s right under section 5 of the Rapid Transit Systems Act 1995 or section 9 of the Street Works Act 1995, or the Authority’s or concessionaire’s right under section 8 of the Cross‑Border Railways Act 2018.(a)(i)A displacement payment.(ii)All reasonable expenses incurred in removing from the land or building, including but not limited to the reasonable cost of renovating alternative premises for occupation during the period of displacement.(a)Any person owning a compensatable interest in the land on the date on which the notice is issued under section 5(2) of the Rapid Transit Systems Act 1995, section 8(3) of the Cross‑Border Railways Act 2018 or section 9(2) of the Street Works Act 1995, as the case may be.(a)Before the end of 2 years from the date on which the notice is issued under section 5(2) of the Rapid Transit Systems Act 1995, section 8(3) of the Cross‑Border Railways Act 2018 or section 9(2) of the Street Works Act 1995, as the case may be.(b)Any other damage to the land or a building resulting from the exercise of any power in section 5 of the Rapid Transit Systems Act 1995, section 8 of the Cross‑Border Railways Act 2018 or section 9 of the Street Works Act 1995.(b)(i)The amount that is, or might be, fairly and reasonably incurred in repairing the damage.(ii)The share in the responsibility for the loss or damage attributable to or connected with any power in section 5 of the Rapid Transit Systems Act 1995, section 8 of the Cross‑Border Railways Act 2018 or section 9 of the Street Works Act 1995.(b)Same as in item (a) above.(b)Before the end of 6 years starting from the date on which the railway to which the notice under section 5 of the Rapid Transit Systems Act 1995, or the cross‑border railway to which the notice under section 8 of the Cross‑Border Railways Act 2018, relates is opened or re‑opened for use by the public, or the street, road structure or road‑related facility to which the notice under section 9(2) of the Street Works Act 1995 relates is opened or re‑opened for use by the public.2.(a)Structural damage to any building resulting from the construction or operation of the railway or the construction of a road tunnel under the Street Works Act 1995.(a)The amount which is, or might be, fairly and reasonably incurred in repairing the damage.(a)Any person owning a compensatable interest in the damaged building.(a)Before the end of 6 years from the date of the opening for public traffic of that portion of the railway or road tunnel (as the case may be) from which the damage is alleged to have resulted.(b)The loss due to displacement resulting from structural damage mentioned in item (a) above.(b)(i)A displacement payment.(ii)All reasonable expenses incurred in removing from the land or building, including but not limited to the reasonable cost of renovating alternative premises for occupation during the period of displacement.(b)Same as in item (a) above.(b)Same as in item (a) above.3.Damage to any land or building resulting from the exercise of any power contained in section 9 of the Rapid Transit Systems Act 1995, section 10 of the Cross‑Border Railways Act 2018 or section 12 of the Street Works Act 1995. The amount which is, or might be, fairly and reasonably incurred in repairing the damage. Any person owning a compensatable interest in the land or damaged building. Before the end of one year from the date of completion of the work carried out under section 9 of the Rapid Transit Systems Act 1995, section 10 of the Cross‑Border Railways Act 2018 or section 12 of the Street Works Act 1995 (as the case may be) from which the damage or loss is alleged to have resulted.4.The cost of altering the course or position of any apparatus and of repairing any street surface pursuant to a notice served under section 10 of the Rapid Transit Systems Act 1995, section 11 of the Cross‑Border Railways Act 2018 or section 29 of the Street Works Act 1995. The cost which is fairly and reasonably incurred in effecting such alteration and repair. The person on whom the notice under section 10 of the Rapid Transit Systems Act 1995, section 11 of the Cross‑Border Railways Act 2018 or section 29 of the Street Works Act 1995, as the case may be, is served. Before the end of one year from the completion of the alteration and repair.5.(a)The cost of the removal of any object or structure pursuant to a notice served under section 11 of the Rapid Transit Systems Act 1995, section 12 of the Cross‑Border Railways Act 2018 or section 13 of the Street Works Act 1995 and which was erected and maintained without the contravention of any written law.(a)The cost incurred in moving the object or structure and making good that part of the land or building from which it is removed.(a)The person on whom the notice under section 11 of the Rapid Transit Systems Act 1995, section 12 of the Cross‑Border Railways Act 2018 or section 13 of the Street Works Act 1995 (as the case may be) is served.(a)Before the end of one year from the date of removal.(b)The cost of reinstating an object or a structure described in item (a) above or of replacing the same with a similar object or structure.(b)The cost incurred in reinstating or replacing the object or structure.(b)Same as in item (a) above.(b)Before the end of one year from the date of reinstatement or replacement.(c)The loss sustained by the removal of an object or a structure which was erected and maintained without the contravention of any written law and is not to be reinstated or replaced with a similar object or structure at the expense of the Authority under item (b) above.(c)The amount which might fairly and reasonably be estimated as the cost of reinstating or replacing the object or structure.(c)Any person owning a share or interest in the object or structure on the date on which it is removed under section 11(4) of the Rapid Transit Systems Act 1995, section 12(4) of the Cross‑Border Railways Act 2018 or section 13(4) of the Street Works Act 1995, as the case may be.(c)Before the end of one year from the date of removal.Part 2General effect of this Part

1. The provisions in this Part, where applicable, have effect for the purpose of assessing compensation under Part 1.Definitions applicable to Part 12. In Part 1 —“compensatable interest” means the estate or interest of —

3. In the assessment of compensation, no account is to be taken of —

4. Compensation may be refused or reduced in respect of any building or part of a building which has been constructed or modified or on which building works have been carried out so as to amount to a contravention of the Building Control Act 1989 within the meaning of that Act.Compensation where damage results only partly from railway

5. The compensation assessed under item 2 or 3 of Part 1 is reduced to such extent as the Compensation Board thinks just and equitable having regard to the share in the responsibility for the loss or damage not attributable to and connected with the railway or tunnel.No compensation under item 5(c) of Part 1 for loss of advertising

6. Where a sign advertising any business, product, service or activity is removed under section 11(4) of the Rapid Transit Systems Act 1995 or section 12(4) of the Cross‑Border Railways Act 2018 (as the case may be), nothing in item 5(c) of Part 1 is to be construed as conferring upon any person a right to compensation for the loss of any benefit which might have accrued to the person from the advertising of that business, product, service or activity if the sign had not been removed.Claim by a mortgagee in possession

7. Where under this Act a claim for compensation may be made by a mortgagee in possession any compensation received by a mortgagee in possession must be applied by the mortgagee as if it were proceeds of sale of the mortgage security.Compensation payable to person within or outside railway area

8. The compensation referred to in item 2 or 3 of Part 1 may be paid to any person owning a compensatable interest in land situated within or outside the railway area.[7/97; 6/2004; 12/2015; 21/2018]