Commonwealth Numbered Acts

WORLD HERITAGE PROPERTIES CONSERVATION ACT 1983 No. 5 of 1983 - SECT 17

17. (1) In this section -

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

"Regulations" means the World Heritage (Western Tasmania Wilderness)
Regulations, as amended and in force from time to time under the National 
Parks and Wildlife Conservation Act 1975 .

(2) The compensation that may be agreed upon, recommended or determined
pursuant to this section in respect of an acquisition of property from a
person may consist of or include all or any of the following:

   (a)  the payment of an amount to the person by instalments;

   (b)  the payment of an amount or part of an amount to the person subject
to compliance by the person with specified conditions;

   (c)  the making of a payment or payments to the person the amount or
amounts of which is or are subject to variation in the event of specified
circumstances prevailing at a particular time or times.

(3) Where a person considers that the operation of this Act or of the
Regulations has resulted in an acquisition of property from the person, the
person may, by notice in writing sent by post to the Minister at his office at
Parliament House, Canberra (being a notice that specifies an address to which
a notice may be sent to the person by the Minister pursuant to sub-section
(4)), request the Commonwealth to pay an amount of compensation specified in
the notice (in this section referred to as the "claimed amount") in respect of
the acquisition.

(4) If, before the expiration of 3 weeks after the receipt by the Minister of
a notice given by a person pursuant to sub-section (3), the Minister sends by
post to the person at the address of the person specified in that notice a
notice in writing stating that he does not consider that the operation of this
Act or of the Regulations has resulted in an acquisition of property from the
person, the person may make an application to the High Court requesting the
Court to make a declaration that the operation of this Act or of the
Regulations has resulted in an acquisition of property from the person.

(5) Where the Minister does not, before the expiration of 3 weeks after the
receipt by him of a notice given by a person pursuant to sub-section (3), send
a notice to the person pursuant to sub-section (4), the operation of this Act
or of the Regulations, as the case requires, shall be taken to have resulted
in an acquisition of property from the person.

(6) Where -

   (a)  by virtue of sub-section (5), the operation of this Act or of the
Regulations is taken to have resulted in an acquisition of property from
a person; or

   (b)  the High Court makes a declaration that the operation of this Act or
        of the Regulations has resulted in an acquisition of property from a
        person, the Commonwealth is liable to pay to the person such
        compensation in respect of the acquisition as is agreed upon between
        the person and the Commonwealth or, failing agreement, as is
        determined in accordance with the succeeding provisions of this
        section.

(7) Where -

   (a)  the Commonwealth is liable, by virtue of sub-section (6), to pay
compensation to a person in respect of an acquisition of property from
the person, being an acquisition in respect of which the claimed
amount is equal to or exceeds $5,000,000; and

   (b)  the person and the Commonwealth do not, before the expiration of 6
        months after -

        (i)    in a case to which paragraph (6) (a) applies - the expiration
               of
the period of 3 weeks referred to in sub-section (5); or

        (ii)   in a case to which paragraph (6) (b) applies - the day on
which the declaration referred to in that paragraph was made, reach agreement
as to the compensation payable in respect of the acquisition, the
Governor-General shall, by notice in writing published in the Gazette, state
that he intends, after the expiration of 14 days after the publication of the
notice, to establish a Commission of Inquiry to inquire into and report to him
on the compensation payable in respect of the acquisition.

(8) Where -

   (a)  the Governor-General has, pursuant to sub-section (7), given notice of
his intention to establish a Commission of Inquiry to inquire into the
compensation payable in respect of an acquisition of property from a
person; and

   (b)  the person and the Commonwealth have not reached agreement as to the
        compensation payable, the Governor-General shall, by instrument in
        writing published in the Gazette, establish the Commission immediately
        after the expiration of the period of 14 days referred to in that
        sub-section and shall, by that instrument, appoint 3 persons to be the
        members of the Commission.

(9) Where -

   (a)  a Commission of Inquiry is to be established to inquire into the
compensation payable in respect of an acquisition of property that is in
a State; and

   (b)  before the expiration of the day before the day on which the
        Commission is to be established, the Premier of the State, by notice
        in writing furnished to the Governor-General, nominates a person for
        appointment as a member of the Commission, one of the persons
        appointed pursuant to sub-section (8) shall be the person so
        nominated.

(10) Where a Commission of Inquiry has been established to inquire into and
report on the compensation payable in respect of an acquisition of property
from a person, the Commission shall, as soon as practicable, commence to
conduct an inquiry into that matter and, unless the person and the
Commonwealth reach agreement as to the compensation payable, shall, before the
expiration of 12 months after the establishment of the Commission, give a
report in writing to the Governor-General setting out its recommendation as to
the compensation that is fair and just in respect of the acquisition and
setting out the reasons for its recommendation.

(11) If, after the establishment of a Commission of Inquiry to inquire into
and report on the compensation payable in respect of an acquisition of
property from a person and before the Commission has given a report in writing
to the Governor-General under sub-section (10), the person and the
Commonwealth reach agreement as to the compensation payable, the
Governor-General shall, by instrument in writing, abolish the Commission and
terminate the appointments of the members of the Commission.

(12) Before the expiration of 3 months after the day on which he receives a
report of a Commission of Inquiry in relation to the payment of compensation
in respect of an acquisition of property from a person, the Governor-General
shall, if the person and the Commonwealth have not reached agreement as to the
compensation payable, having regard to the report of the Commission and to
such other matters as the Governor-General considers relevant, determine the
compensation that the Governor-General considers to be fair and just in
respect of the acquisition.

(13) Where the Governor-General makes a determination pursuant to sub-section
(12) in relation to an acquisition of property from a person, the Minister
shall, before the expiration of 14 days after that determination is made, give
notice in writing to the person setting out the terms of the determination.

(14) Where the operation of this Act or of the Regulations has resulted in or
is taken to have resulted in an acquisition of property from a person and -

   (a)  the acquisition is an acquisition in respect of which the claimed
amount is less than $5,000,000;

   (b)  a Commission of Inquiry does not give a report in writing to the
Governor-General in accordance with sub-section (10) before the
expiration of the period of 12 months referred to in that sub-section
otherwise than by reason of the person and the Commonwealth having
reached agreement as to the compensation payable; or

   (c)  the person considers that the compensation determined by the
        Governor-General pursuant to sub-section (12) in respect of the
        acquisition is not fair and just, the Federal Court may, on the
        application of the person, determine the compensation that is fair and
        just in respect of the acquisition.

(15) The Royal Commissions Act 1902 applies to, and in relation to, an inquiry
by a Commission of Inquiry established under this section as if the Commission
of Inquiry were a Commission of inquiry issued by the Governor-General by
Letters Patent pursuant to that Act.

(16) A reference in this section to the operation of this Act shall be read as
including a reference to the operation of an act done pursuant to this Act.