89What compensation is payable for—private land and native title interests

89 What compensation is payable for—private land and native title interests

(1) Compensation is payable by an authority holder to the owners and occupiers of private land and to native title holders for any loss or damage that has been, or will be, sustained to their interests held in relation to the land as a direct, natural and reasonable consequence of the approval of any geothermal energy operation or the carrying out of any geothermal energy operation under the authority including for—

(a) deprivation of possession of the whole, or any part, of the surface of the land; and

(b) damage to the surface of the land; and

(c) damage to any improvements on the land; and

(d) severance of the land from other land of the owner or occupier; and

(e) loss of amenity, including recreation and conservation values; and

(f) loss of opportunity to make any planned improvement on the land; and

(g) any decrease in the market value of the owner or occupier's interest in the land.

(2) Compensation is not payable in respect of any land which only became private land after a geothermal energy operation under the authority started on that land.

(3) The amount of compensation payable under subsection (1)—

(a) must, if it is necessary for the owner or occupier of land to obtain replacement land, take account of the reasonable incidental expenses incurred in obtaining and moving to that land; and

(b) may be increased by up to 10% by way of solatium to compensate the owner or occupier for intangible and non-pecuniary disadvantages for which compensation is not otherwise payable and that result from the approval or the carrying out of the operation.

(4) Any amount of compensation paid, agreed to be paid or determined under this Part is not affected by any subsequent change in the ownership or occupancy of the land.

(5) An authority holder is not liable to pay any greater total amount of compensation because of a change in the ownership or occupancy of the land.

(6) If—

(a) a person is entitled to compensation on just terms (within the meaning of the Native Title Act) in respect of any loss or damage in relation to their interests as a native title holder under subsections (1) and (2); and

(b) the compensation the person receives under this section (apart from this subsection) does not amount to compensation on just terms—

the person is entitled to any additional compensation that is necessary to ensure that compensation is paid on just terms.

(7) In this section, planned improvement, in relation to land, means an improvement on the land in respect of which the owner or occupier had, before an application for an authority covering that land was made—