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Forest Management Act 2013
16FEntitlement to compensation
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### 16F Entitlement to compensation
> [*\[Section 16F Inserted by No. 12 of 2014, s. 22, Applied:22 Oct 2014\]*](/view/html/inforce/2014-10-22/act-2014-012#GS22@EN)
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> > (1) On receipt of the Forestry corporation's certification under [section 16E(2)](#GS16E@Gs2@EN) , the Minister becomes liable to pay compensation to the holder of the forestry compensation certificate to which the certification relates in accordance with this Part.
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> > (2) Subject to [subsections (3)](#GS16F@Gs3@EN) and [(4)](#GS16F@Gs4@EN) , the amount of compensation referred to in [subsection (1)](#GS16F@Gs1@EN) is the amount of damages that would have been payable by the Forestry corporation if the non-supply of the quantity of logs referred to in [section 16E(4)(f)](#GS16E@Gs4@Hpf@EN) for the period referred to in [section 16E(4)(g)](#GS16E@Gs4@Hpg@EN) in accordance with the terms of the wood supply contract had constituted a breach of contract by the Forestry corporation.
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> > (3) [Subsection (2)](#GS16F@Gs2@EN) applies only to the extent that the non-supply referred to in that subsection occurs as a result of the circumstances referred to in [paragraph (a)](#GS16E@Gs2@Hpa@EN) or [(b)](#GS16E@Gs2@Hpb@EN) of [section 16E(2)](#GS16E@Gs2@EN) .
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> > (4) For the purposes of [subsection (2)](#GS16F@Gs2@EN) , the following matters are to be disregarded when calculating compensation:
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> > > > (a) any agreement between the holder of the forestry compensation certificate and the Forestry corporation that limits the damages payable for a breach of the wood supply contract;
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> > > > (b) any agreement between the holder of the forestry compensation certificate and the Forestry corporation to pay an agreed amount of damages for a breach of the wood supply contract.
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> > (5) A holder of a forestry compensation certificate entitled to compensation in accordance with this Part and the Forestry corporation must take all reasonable steps to minimise the loss or damage referred to in [subsection (2)](#GS16F@Gs2@EN) .