Commonwealth Numbered Acts
[Index]
[Table]
[Search]
[Search this Act]
[Notes]
[Noteup]
[Previous]
[Next]
[Download]
[Help]
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.
AustLII: Copyright Policy
| Disclaimers
| Privacy Policy
| Feedback