Compensation for right of access
82 Compensation for right of access
Where any land over which a right to construct a road or carry out other work to ensure access to an exploration permit or licence area is injured or diminished in value as a result of the exercise of that right, the owner of the land and any occupier of the land who has a registered interest in that land are entitled to compensation from the permittee or licensee for the loss or damage in respect of the owner's and occupier's respective interests in the land.
Compensation for the effect of the construction of a road or other work carried out to ensure access to an exploration permit or licence area on native title is payable to the native title holder by the permittee or licensee.
Note for subsections (1) and (2)
If a permittee or licensee and a person entitled to compensation are unable to agree on an amount, by way of compensation, to which the person is entitled, either party may refer the dispute to the Tribunal under section 82A.
A person who intends to claim compensation under this section must lodge the claim in writing with the holder of the relevant petroleum interest within 3 years after the act giving rise to the claim is done or within the further time the Tribunal allows.
The Tribunal has the jurisdiction to extend the time for making a claim referred to in subsection (3) as if the claim were an action to which section 44 of the Limitation Act 1981 applies and the Tribunal were a court for the purposes of that section.
The Regulations may provide for a method and manner of calculating compensation payable under this section.
The statute text is free to read above. View Pro plans to unlock the case-law research tools for each provision.