Commonwealth Numbered Acts

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OFFSHORE MINERALS ACT 1994 No. 28, 1994 - SECT 49

Compensation for acquisition of property due to suspension of rights
49.(1) If:

   (a)  the Joint Authority suspends licence rights under section 48; and

   (b)  the suspension results in the acquisition of property from a person;
        and

   (c)  the Commonwealth and the person agree on an amount of compensation for
        the acquisition; the Commonwealth must pay the person the agreed
        amount of compensation.

(2) If:

   (a)  the Joint Authority suspends licence rights under section 48; and

   (b)  the suspension results in the acquisition of property from a person;
        and

   (c)  the Commonwealth and the person do not agree on an amount of
        compensation for the acquisition; and

   (d)  the person brings an action for compensation against the Commonwealth
        in the High Court or an appropriate Supreme Court; the Commonwealth
        must pay the person the amount of compensation (if any) that is
        determined by the court.

(3) In this section:

"acquisition of property" means an acquisition of property within the meaning
of paragraph 51(xxxi) of the Constitution;

"appropriate Supreme Court" means the Supreme Court of, or having jurisdiction
in, the State or Territory for which the Joint Authority is established. 


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