PETROLEUM (ONSHORE) ACT 1991 - SECT 110
Manner of assessment
PETROLEUM (ONSHORE) ACT 1991 - SECT 110
Manner of assessment
110 Manner of assessment
(1) If compensation is assessed under this Act by
the Land and Environment Court, the assessment is to be made in the manner
prescribed by the regulations and after notice to the persons who appear to
the Court to be interested in the assessment.
(2) In making any such
assessment, the Land and Environment Court--
(a) may deal with the matter at
any time and place fixed by the Court, and
(b) may make the assessment in the
absence of any persons interested who appear to the Court to have been duly
notified, and
(c) may adjourn the hearing to any time and place, subject to
such terms as to costs or otherwise as the Court thinks fit.
(3) The amount
so assessed is to be paid, by the person adjudged liable to pay it, into the
Land and Environment Court within the time specified by the Court and is from
time to time, as may be thought necessary by the Court, to be paid out of
court on the application of any person entitled to it.
(4) If the amount so
assessed is not paid into court within the time specified by the Land and
Environment Court, the petroleum title of the holder, or the easement or right
of way granted to the person, liable to make the payment may be cancelled or
revoked, as the case may be.
(5) If, after 6 months and before 12 months from
the determination of a petroleum title, or the revocation of an easement or
right of way, under this section, the whole or any part of an amount so paid
into court--
(a) has not been paid out under this section, and
(b) has not
been ordered to be paid out,
any person who has paid the amount into court may
apply to the Land and Environment Court for the payment out to him or her of
that amount or part.
(6) The Land and Environment Court may order the amount
or part to be paid accordingly.
(7) After the expiration of the 12-month
period the Land and Environment Court may cause the amount or part to be paid
into the Treasury and carried to the Consolidated Fund.
