Health Infrastructure Enabling Regulation 2023

The securityholder under a security may, by written notice to the Territory, waive the securityholder’s right to any compensation under the Act in relation to the acquisition of a security right.

The Territory may, by written notice given to a securityholder from whom a security right has, or may have been, acquired under the Act, require the securityholder, at the securityholder’s option to—

make a claim under division 4.5; or

waive the right to compensation.

If a securityholder does not, within 30 days after a notice under subsection (2) is given to the securityholder or any further period as the Territory, in writing, allows, make a claim for compensation, the securityholder is taken to have waived the right to compensation in relation to the acquisition of the security right.

A securityholder who waives the right to compensation in relation to the acquisition of a security right—

is debarred from recovering any compensation from the Territory or the Commonwealth in relation to the acquisition; but

retains, in relation to the security right, any right or remedy that the securityholder may have—

against Calvary; or

in relation to any interest in the public hospital land, public hospital assets or network agreements that is still subject to the security.

Division 4.4 Acquisition of miscellaneous interests