Waste Management and Pollution Control Act 1998

(1) To the extent that the operation of this Act or the due exercise or performance of a power, function, authority or discretion conferred by or under this Act constitutes an acquisition of property within the meaning of section 50 of the Northern Territory (Self-Government) Act 1978 of the Commonwealth, the property is to be acquired on just terms.

(2) A person who claims that the exercise of a power conferred by or under this Act has resulted in the acquisition by the Territory of property of which that person is the owner may apply to the Minister for payment to that person by the Territory of the value of the property which the person claims to have been acquired by the Territory.

(3) An application under subsection (2) is to be in writing and is to set out details of:

(c) the time when and the circumstances in which the property is alleged to have been acquired; and

(4) The Minister must consider an application under subsection (2) and, if satisfied that property of the applicant has been acquired by the Territory as a result of the exercise of a power conferred by or under this Act, must offer to the applicant payment of:

(a) the amount alleged by the applicant to be the value of the property; or

(b) the amount that in the opinion of the Minister is the value of that property,

whichever is the lesser.

(5) If the applicant accepts the offer under subsection (4), the Minister must pay to the applicant the amount of the offer.

(6) If the Minister rejects the application or the applicant rejects an offer of payment made by the Minister, the applicant may institute proceedings against the Territory in a court of competent jurisdiction for payment to the applicant of an amount as compensation for the property of the applicant acquired by the Territory in the exercise of a power conferred by or under this Act.