48Compensation agreement

48 Compensation agreement

(1) If the Minister has approved an injection testing plan in accordance with section 40, the exploration permit holder must not carry out any work under an approved injection testing plan unless—

(a) the permit holder has entered into a compensation agreement with the holder of a resource authority for a resource in the permit 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 permit 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.