Greenhouse Gas Geological Sequestration Act 2008
104Compensation agreement
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104 Compensation agreement
(1) If the Minister has approved an injection and monitoring plan in accordance with section 96, the injection and monitoring licence holder must not carry out any activity under an approved injection and monitoring plan unless—
(a) the licence holder has entered into a compensation agreement with the holder of a resource authority for a resource in the licence area that is likely to be contaminated or sterilised; or
(b) VCAT has determined the amount of compensation that is payable in relation to the proposed work to the holder of a resource authority for a resource in the licence area that is likely to be contaminated or sterilised.
(2) A person may only make an application to VCAT in respect of a claim after the expiry of any period of time specified for the purposes of this section by the regulations.
(3) A party who makes an application to VCAT is only entitled to have that claim determined by VCAT if VCAT is satisfied that the party has attempted to settle the claim by conciliation, but has not been able to do so because the other party has refused to negotiate a settlement or because both parties are unable to agree.