Telecommunications Act 1997

If:

either of the following would result in an acquisition of property from a person:

anything done by a carrier under, or because of, this Schedule;

the existence of rights conferred on a carrier under, or because of, this Schedule in relation to a building, structure or facility owned or operated by the carrier; and

the acquisition of property would not be valid, apart from this clause, because a particular person had not been compensated;

a reasonable amount of compensation agreed on between the person and the carrier; or

failing agreement—a reasonable amount of compensation determined by a court of competent jurisdiction.

In assessing compensation payable under this clause arising out of an event, the following must be taken into account:

any compensation obtained by the person as a result of an agreement between the person and the carrier otherwise than under this clause but arising out of the same event;

any damages or compensation recovered by the person from the carrier, or other remedy given, in a proceeding begun otherwise than under this clause but arising out of the same event.

This clause does not limit the operation of clause 42.

In this clause: