Division 3Division 3 Procedure for assessing compensation
In this Division:compensable loss, in relation to the assessment of compensation payable under Division 1 or 2, has the same meaning as it has in that Division.
landholder includes a secondary landholder.
272 Assessment of compensation
(1) The assessment of compensation payable under this Part:(a) must be made in the manner prescribed by the regulations, and(b) must not be made until notice in the approved form:(i) has been published in a newspaper circulating generally in the State and in one or more newspapers circulating in the locality in which the land concerned is situated, or(ii) has been served on each person who appears to the Land and Environment Court to be interested in the assessment, and(c) must not exceed in amount the market value (for other than mining purposes) of the land and the buildings, structures and works situated on the land.(2) Any compensation agreed on or determined under Subdivision M or P of Division 3 or Division 5 of Part 2 of the Commonwealth Native Title Act for essentially the same act as an act in respect of which compensation is to be assessed under this Part must be taken into account in the assessment of compensation for the act under this Part.
The total amount of compensation assessed under this Division is to be paid into the Land and Environment Court at such times, and in respect of such periods, as is specified in the order of assessment.
(1) As compensable loss occurs, money held in the Land and Environment Court by way of compensation is to be paid out of court, on the application of any person entitled to the compensation, in accordance with the agreement or order under which it is payable.(2) If, after the expiration of 6 months, and before the expiration of 12 months, from the date on which the authorisation concerned ceases to have effect, the whole or any part of an amount paid into court under this section has neither been paid out nor ordered to be paid out, the person who paid the amount into court may apply to the Land and Environment Court for payment out to that person of the whole or any part of that amount, and the Court may order the payment to be made.(3) If, after the expiration of 12 months from the date on which the authorisation concerned ceases to have effect, the whole or any part of an amount paid into court under this section has neither been paid out nor ordered to be paid out, the Land and Environment Court may cause the whole or any part of that amount to be paid into the Treasury for payment into the Consolidated Fund.
275 Procedure for making assessment
In making an assessment of compensation under this Division, the Land and Environment Court:(a) may make the assessment at any time and at any place, and(b) may make the assessment in the absence of any person who appears to be interested in the assessment, if the Court is satisfied that the person has been served with a notice in accordance with this Part, and(c) may adjourn the hearing of the matter to any time and any place, subject to such terms as to costs or otherwise as the Court thinks fit.
(1) If, after an assessment of compensation has been made, it is proved to the satisfaction of the Land and Environment Court:(a) that the whole of the amount paid into court under this Part has been duly paid out, and(b) that further compensable loss has been caused, or is likely to be caused, in respect of the land to which the assessment relates, or to other land,the Court must, on the application of any of the parties concerned, assess that loss and order that the amount so assessed be paid by the holder of the authorisation to which the assessment relates, within the time and to the persons specified in the order.(2) If it is proved to the satisfaction of the Land and Environment Court:(a) that an access arrangement does not make provision for or with respect to compensation, and(b) that compensable loss has been caused, or is likely to be caused, in respect of the land to which the arrangement relates,the Court must, on the application of any of the parties concerned, assess that loss and order that the amount so assessed be paid by the holder of the authorisation to which the assessment relates, within the time and to the persons specified in the order.(3) If it is proved to the satisfaction of the Land and Environment Court:(a) that the whole of the amount assessed by or in accordance with an access arrangement determined by an arbitrator as referred to in section 140 (1) (b) has been paid in accordance with the arrangement, and(b) that further compensable loss has been caused, or is likely to be caused, in respect of the land to which the assessment relates or to other land,the Court must, on the application of any of the parties concerned, assess that loss and order that the amount so assessed be paid by the holder of the authorisation to which the assessment relates, within the time and to the persons specified in the order.(4) The Land and Environment Court’s decision on such an application has effect as an assessment of compensation under this Division.(5) In making an assessment of compensation, the Land and Environment Court must have regard to:(a) any previous compensation agreement between the parties under this Division, and(b) any current or previous access arrangement between the parties that was determined, or taken to have been determined, by an arbitrator under Part 8, and(c) any previous assessment under this Division of compensation payable to the landholder,with respect to the land to which the current assessment relates.
277 Directions to furnish names and addresses
(1) If the Land and Environment Court considers that a landholder of any land may be entitled to compensation under this Part, the Court may, by instrument in writing served on the holder of the authorisation concerned, direct the holder to notify the Court of the name and address of the landholder.(2) An instrument served under this section must specify a date on or before which compliance with the direction contained in the instrument is required.
(1) The provisions of Division 3 of Part 15 apply to and in respect of an assessment made by the Land and Environment Court under this Part, and to and in respect of a person dissatisfied with such an assessment, as if the assessment were a decision of the Land and Environment Court and the person were a party to a complaint or proceeding dissatisfied with the decision.(2) No appeal lies against an assessment of compensation made in relation to a particular class of mineral claims or opal prospecting licences.(3) Subsection (2) does not prevent an appeal being made against an assessment of further compensation under section 276 merely because the original compensation was payable under an assessment of compensation made in relation to a particular class of mineral claims or opal prospecting licences.