(1) If, after an assessment of compensation has been made, it is proved to the
satisfaction of the Land and Environment Court--
(a) that the whole of the
amount paid into court under this Part has been duly paid out, and
(b) that
further compensable loss has been caused, or is likely to be caused, in
respect of the land to which the assessment relates, or to other land,
the
Court must, on the application of any of the parties concerned, assess that
loss and order that the amount so assessed be paid by the holder of the
authorisation to which the assessment relates, within the time and to the
persons specified in the order.
(2) If it is proved to the satisfaction of
the Land and Environment Court--
(a) that an access arrangement does not make
provision for or with respect to compensation, and
(b) that compensable loss
has been caused, or is likely to be caused, in respect of the land to which
the arrangement relates,
the Court must, on the application of any of the
parties concerned, assess that loss and order that the amount so assessed be
paid by the holder of the authorisation to which the assessment relates,
within the time and to the persons specified in the order.
(3) If it is
proved to the satisfaction of the Land and Environment Court--
(a) that the
whole of the amount assessed by or in accordance with an access arrangement
determined by an arbitrator as referred to in section 140 (1) (b) has been
paid in accordance with the arrangement, and
(b) that further
compensable loss has been caused, or is likely to be caused, in respect of the
land to which the assessment relates or to other land,
the Court must, on the
application of any of the parties concerned, assess that loss and order that
the amount so assessed be paid by the holder of the authorisation to which the
assessment relates, within the time and to the persons specified in the order.
(4) The Land and Environment Court's decision on such an application has
effect as an assessment of compensation under this Division.
(5) In making an
assessment of compensation, the Land and Environment Court must have regard
to--
(b) any current or previous access arrangement between the
parties that was determined, or taken to have been determined, by an
arbitrator under Part 8, and
(c) any previous assessment under this Division
of compensation payable to the landholder,
with respect to the land to which
the current assessment relates.
