6Compensation to owner of revested coal

6 Compensation to owner of revested coal

6 Compensation to owner of revested coal

(1) Any person, other than the Crown or an instrumentality or agency of the Crown, is eligible to apply for compensation under this Part in respect of saleable coal that:

(a) is vested in the Crown under section 5A of the Acquisition Act, and

(b) was immediately before it so vested in the Crown vested in the person.

(2) The compensation payable is to be calculated in accordance with Schedule 1.

(3) Compensation in respect of coal referred to in this clause is payable in accordance with this Order and not otherwise.

(4) If coal that is the subject of an application under this clause was the subject of a determination under the 1985 Arrangements:

(a) the applicant is, pending the determination of the compensation payable under this clause, entitled to a preliminary payment of compensation under this Order equal to the amount of the compensation determined under the 1985 Arrangements, and

(b) the amount of compensation payable under this clause is not to be less than the amount of the compensation determined under the 1985 Arrangements, except to the extent of any reduction under clause 8 (Gains to be offset against compensation) of this Order.