67BCompensation

67B Compensation (1) Compensation is payable by the holder of a permit to: (a) the native title holder in respect of any affected land or waters for the effect of the grant, extension or variation of the permit on the holder's native title rights and interests; and (b) the owners and occupiers of any affected land or waters for the loss or damage in respect of that person's interest in the affected land or waters because of the grant, extension or variation of the permit. Energy Pipelines Act 1981 65 (2) Compensation is payable by the holder of a licence to: (a) the native title holder in respect of any affected land or waters for the effect of the grant, renewal or variation of the licence on the holder's registered native title rights and interests for which the holder was not otherwise compensated when land, or easements or other interests over land, were acquired for the purposes of the pipeline; and (b) the owners and occupiers of any affected land or waters for the loss or damage in respect of that person's interest in the affected land or waters because of the grant, extension or variation of the licence, being loss or damage for which the person was not otherwise compensated when land, or easements or other interests over land, were acquired for the purposes of the pipeline. (3) A person who intends to claim compensation under this section must lodge the claim in writing with the holder of the permit or licence within 3 years after the grant, extension, renewal or variation of the permit or licence or within the further time the Tribunal allows. (4) The Tribunal has the jurisdiction to extend the time for making a claim referred to in subsection (3) as if the claim were an action to which section 44 of the Limitation Act 1981 applies and the Tribunal were a court for the purposes of that section. (5) In the absence of agreement, the compensation that may be payable to a native title holder is not determinable by the Tribunal until there is an approved determination of native title that the holder holds native title in the affected land or waters. (6) In the event of a dispute about compensation payable under this section, the holder of the permit or licence or the owner or occupier or registered native title body corporate to whom compensation may be payable may refer the dispute to the Tribunal. (7) If a person entitled to compensation under this section requests that the whole or part of the compensation should be in a form other than money, the person by whom the compensation is payable must consider the request. (8) A reference in this section to the payment of compensation is to be read as including a reference to the giving of compensation in a form other than money, including the transfer of property and the provision of goods and services. Energy Pipelines Act 1981 66