Water Management Act 1999

In this section – appeal means an appeal to the Appeal Tribunal – by a pipeline licensee against the grant of an application for a Division 3 permit; or by an applicant against the refusal to grant an application for a Division 3 permit; representations, in relation to a Division 3 permit, means representations made to the Minister under section 146 on the application for the permit.

If the Appeal Tribunal's determination on an appeal will result in a Division 3 permit being granted subject to conditions designed to ensure the safety or safe operation of a pipeline in a pipeline planning corridor and the Appeal Tribunal is satisfied that – the conditions are the same or substantially the same as conditions that were recommended by the pipeline licensee in representations; and the conditions will add to the cost of the dam works; and the pipeline licensee knew or reasonably ought to have known of the applicant's need or intention to undertake the dam works before the pipeline was constructed – the Appeal Tribunal may, in addition to any other power it may exercise on the appeal, order that the pipeline licensee reimburse the applicant for the additional cost or such part of the additional cost as the Appeal Tribunal determines is fair in the circumstances.

If the Appeal Tribunal's determination on an appeal will result in an application for a Division 3 permit being refused and the Appeal Tribunal is satisfied that – the sole or principal reason why the application is being refused is the acceptance of representations made by a pipeline licensee that the proposed dam works would or may compromise the safety or safe operation of a pipeline in a pipeline planning corridor; and the applicant will suffer a loss or detriment as a consequence of the application for the permit being refused; and the pipeline licensee knew or reasonably ought to have known of the applicant's need or intention to undertake the dam works before the pipeline was constructed – the Appeal Tribunal may, in addition to any other power that it may exercise on the appeal, order that the pipeline licensee pay the applicant such amount by way of compensation for the loss or detriment as the Appeal Tribunal determines is fair in the circumstances.

In determining whether to make an order under subsection (2) or (3), and in making any such order, the Appeal Tribunal is to have regard to whether any compensation has been paid or awarded under the Land Acquisition Act 1993 or Major Infrastructure Development Approvals Act 1999 to the applicant and, if so, the amount paid or awarded.

An order of the Appeal Tribunal under subsection (2) or (3) is enforceable in the same manner as a judgment of a court of competent jurisdiction.