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CLEAN ENERGY ACT 2011 (NO. 131, 2011) - SECT 308 Compensation for acquisition of property

CLEAN ENERGY ACT 2011 (NO. 131, 2011) - SECT 308

Compensation for acquisition of property

             (1)  If the operation of this Act or the regulations would result in an acquisition of property from a person otherwise than on just terms, the Commonwealth is liable to pay a reasonable amount of compensation to the person.

             (2)  If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in a court of competent jurisdiction for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.

             (3)  In this section:

"acquisition of property" has the same meaning as in paragraph 51(xxxi) of the Constitution.

"just terms" has the same meaning as in paragraph 51(xxxi) of the Constitution.