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NORTHERN TERRITORY NATIONAL EMERGENCY RESPONSE ACT 2007 (NO. 129, 2007) - SECT 60

Compensation for acquisition of property

             (1)  Subsection 50(2) of the Northern Territory (Self‑Government) Act 1978 does not apply in relation to any acquisition of property referred to in that subsection that occurs as a result of:

                     (a)  the operation of this Part; or

                     (b)  any act done in relation to the following land:

                              (i)  land covered by a lease granted under section 31;

                             (ii)  land that has been resumed, or land in respect of which a lease has been forfeited, by the Commonwealth under the Special Purposes Leases Act or the Crown Lands Act;

                            (iii)  land in which a Commonwealth interest exists; or

                     (c)  any act done by the Commonwealth Minister under the Special Purposes Leases Act or the Crown Lands Act.

             (2)  However, if the operation of this Part, or an act referred to in paragraph (1)(b) or (c), would result in an acquisition of property to which paragraph 51(xxxi) of the Constitution applies from a person otherwise than on just terms, the Commonwealth is liable to pay a reasonable amount of compensation to the person.

             (3)  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.

Note:          The Court must take account of certain amounts paid or payable by the Commonwealth (see section 61).

             (4)  In subsection (2):

"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.



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