ABORIGINAL AND TORRES STRAIT ISLANDER LAND HOLDING ACT 2013 - SECT 49 Compensation for grantee in circumstances of contested deferred grant

ABORIGINAL AND TORRES STRAIT ISLANDER LAND HOLDING ACT 2013 - SECT 49

49 Compensation for grantee in circumstances of contested deferred grant

(1) If an order of the Land Court, in a decision on an application for a contested deferred grant, provides for the granting of a lease over land that is to any extent different in area or location from the lease entitlement land, and the contested deferred grant will operate to the detriment of the proposed grantee, the proposed grantee (the
"applicant" ) may apply to the Land Court for an order that the State pay an amount of compensation.

(2) The Land Court must decide the application.

(3) The amount of compensation the court may order must be only the amount reasonably necessary to compensate the applicant for—

(a) the extent to which the value of the applicant’s interest in land or improvements has been decreased without a compensating increase in the value of the applicant’s interest in land or improvements; and

(b) expenses to be incurred by the applicant in taking practical measures needed because of the contested deferred grant.

(4) The application must be made within 28 days, or a longer period approved by the court, after the court decides the application to make the contested deferred grant.

(5) The parties to the proceeding before the Land Court are—

(a) the Minister; and

(b) the proposed grantee under the proposed contested deferred grant.