Agricultural and Veterinary Chemicals (Control of Use) Act 2004
123Compensation may be payable in certain circumstances
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123 Compensation may be payable in certain circumstances (1) This section applies in relation to a person required to comply with a direction given under section 55 or 79. (2) The person may apply to the Chemicals Coordinator for compensation because of the direction. (3) The application must be made within 6 months after the direction was issued or within such further time as the Chemicals Coordinator allows. (4) Within 28 days after receiving the application, the Chemical Coordinator must: (a) determine the amount of compensation he or she considers just in all the circumstances; and (b) notify the person in writing of the determination and the reasons for it. (5) If the person is not notified in accordance with subsection (4)(b), the Chemicals Coordinator is taken to have determined that no compensation is payable. (6) If the person is dissatisfied with the determination of the Chemicals Coordinator (including a determination because of subsection (5)), the person may apply to the Local Court for compensation because of the direction. (7) The application must be made: (a) within 28 days after: (i) the day the person receives notice of the determination in accordance with subsection (4)(b); or (ii) if subparagraph (i) does not apply – the day the Chemicals Coordinator is taken under subsection (5) to have determined that no compensation is payable; or
Agricultural and Veterinary Chemicals (Control of Use) Act 2004 75 (b) within such further time as the Court allows. (8) The Court may: (a) determine the amount of compensation it considers just in all the circumstances; and (b) make the orders it considers appropriate to give effect to the determination, including an order setting aside the determination of the Chemicals Coordinator. (9) An amount of compensation determined under this section is payable by the Territory.