New South Wales Consolidated Acts

PETROLEUM (ONSHORE) ACT 1991 - SECT 109

109 Measure of compensation

(1) If compensation is assessed under this Act by the Land and Environment Court, the assessment is to be of the loss caused or likely to be caused:

(a) by damage to the surface of land, and damage to the crops, trees, grasses or other vegetation on land, or damage to buildings and improvements on land, being damage which has been caused by or which may arise from prospecting or petroleum mining operations, and

(b) by deprivation of the possession or of the use of the surface of land or any part of the surface, and

(c) by severance of land from other land of the landholder, and

(d) by surface rights of way and easements, and

(e) by destruction or loss of, or injury to, or disturbance of, or interference with, stock on land, and

(f) by damage consequential on any matter referred to in paragraphs (a)-(e).

(2) Without affecting the generality of subsection (1), where:

(a) the holder of a petroleum title is liable to compensate another holder of a petroleum title, and

(b) the compensation is assessed under this Act by the Land and Environment Court,

the assessment is to be of the loss caused or likely to be caused by the operations of the other holder being detrimentally affected, or being likely to be so affected.

(3) In determining the amount of compensation, the Land and Environment Court must take into consideration the amount of compensation which any person entitled to it, or the predecessor in title of any such person, has already received for or in respect of the damage or loss for which compensation is being determined and must deduct the amount already so received from the amount to which the person would otherwise be entitled for such damage or loss.