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Flood Risk Management (Scotland) Act 2009

Section 83 – Compensation: supplementary

233.Subsection (1) defines damage as the depreciation of the value of a person’s interest in land or the disturbance of a person’s enjoyment of land.

234.Subsection (2) places certain limits on the right to compensation and requires notice of any claim to be given to SEPA or the local authority within a specified period. It should be read with subsection (3).

235.Subsection (4) provides that any disputes over compensation under section 82 are to be determined by the Lands Tribunal for Scotland.

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Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.


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