7Compensation for consequential loss when coal revested

7 Compensation for consequential loss when coal revested

7 Compensation for consequential loss when coal revested

(1) A person, other than the Crown or an instrumentality or agency of the Crown, who claims to have sustained a consequential loss that is attributable to the operation of section 5A of the Acquisition Act is eligible to apply for compensation under this Part but only if the consequential loss is a pecuniary loss that is directly attributable to the discharge by virtue of the operation of that section of any trust, lease, licence, obligation, estate, interest or contract established, granted, incurred, created or entered into before the commencement of this Order.

(2) An application cannot be made under this clause for a loss in respect of which an application could be made under clause 6 and cannot be made for a loss that is attributable to a liability to pay royalties to the Crown.

(3) If the Board is satisfied that an applicant has sustained a loss to which this clause applies and that having regard to all the circumstances of the case it would be just and equitable for compensation to be paid in respect of the loss, the Board is to determine the amount of compensation to be paid to the person. The compensation to be paid is not to exceed the amount of that loss. The compensation must be just and equitable.

(3A) If, on considering an application to which this clause applies:

(a) the Board is not satisfied that the applicant has sustained a loss, or

(b) the Board is satisfied that the applicant has sustained a loss but, having regard to all the circumstances of the case, considers it would not be just and equitable for compensation to be paid in respect of the application,

the Board is to refuse the application.

(4) Compensation in respect of a loss to which this clause applies is payable in accordance with this Order and not otherwise.

cl 7: Am 7.9.2001; 24.12.2004.