Mcarthur River Project Agreement Ratification Act 1992

(1) To the extent that a relevant legislative or administrative act results in the acquisition of property on terms that would not (apart from this section) be just, the Territory is liable to pay compensation sufficient to remedy the injustice.

(1A) The compensation is to be determined by agreement between the person from whom the property was acquired and the Territory or, in default of agreement, by the Supreme Court.

(2) A person is not entitled to compensation under this section unless, within 3 years after the acquisition, the person lodges a claim with the Administrator setting out:

(a) the person's name and an address for service in the Territory; and

(3) If, at any time after a person has lodged a claim under this section, the Administrator serves on the person a notice in writing that the Administrator is satisfied, on reasonable grounds, that no agreement, or no further agreement, can be reached in respect of the claim, an action by the person against the Territory under this section for compensation shall not be instituted later than 6 months after service of the notice.

(4) Where an action has been instituted under this section in the Supreme Court and, on application by the Territory for an order under this subsection, the Court is satisfied that the person claiming compensation is not diligently prosecuting the action, the Court may dismiss the action for want of prosecution.

(5) A notice by the Administrator for the purposes of this section may be served by post on the claimant at the claimant's address in the Territory for service set out in the claim lodged with the Administrator.

acquisition of property includes:

(a) the extinguishment or diminution of an interest in or right in relation to land; and

(b) any effect on such an interest or right, being an effect of a kind referred to in section 174B or 174D of the Mining Act in relation to private land.

compensation may include:

(a) facilities or services agreed on between the claimant and the Territory provided or to be provided to the claimant or as the claimant directs; and

relevant legislative or administrative act means:

(b) a validation effected by section 3 of the McArthur River Project Agreement Ratification Amendment Act 1993; or