sec.101Review of compensation by Land Court

### sec.101 Review of compensation by Land Court This section applies if— the compensation liability or future compensation liability of a resource authority holder to either of the following has been agreed to under a compensation agreement or decided by the Land Court (the original compensation )— an eligible claimant; a public road authority; and there has been a material change in circumstances (the change ) since the agreement or decision. The following may apply to the Land Court for a review of the original compensation— the resource authority holder; the eligible claimant; the public road authority. In carrying out the review, the Land Court may review the original compensation only to the extent it is affected by the change. If the Land Court considers the original compensation is not affected by the change, it must not carry out or continue with the review. The Land Court may, after carrying out the review, decide to confirm the original compensation or amend it in a way the Court considers appropriate. In making the decision, the Land Court must have regard to— all criteria prescribed by regulation applying for the compensation; and whether the applicant has attempted to mediate or negotiate the compensation liability; and any other matter the Court considers relevant to making the decision. If the decision is to amend the original compensation, the original compensation as amended under the decision is, for this Act, taken to be the original compensation. In this section— compensation agreement means— a conduct and compensation agreement; or a road compensation agreement. (sec.101-ssec.1) This section applies if— the compensation liability or future compensation liability of a resource authority holder to either of the following has been agreed to under a compensation agreement or decided by the Land Court (the original compensation )— an eligible claimant; a public road authority; and there has been a material change in circumstances (the change ) since the agreement or decision. (sec.101-ssec.2) The following may apply to the Land Court for a review of the original compensation— the resource authority holder; the eligible claimant; the public road authority. (sec.101-ssec.3) In carrying out the review, the Land Court may review the original compensation only to the extent it is affected by the change. (sec.101-ssec.4) If the Land Court considers the original compensation is not affected by the change, it must not carry out or continue with the review. (sec.101-ssec.5) The Land Court may, after carrying out the review, decide to confirm the original compensation or amend it in a way the Court considers appropriate. (sec.101-ssec.6) In making the decision, the Land Court must have regard to— all criteria prescribed by regulation applying for the compensation; and whether the applicant has attempted to mediate or negotiate the compensation liability; and any other matter the Court considers relevant to making the decision. (sec.101-ssec.7) If the decision is to amend the original compensation, the original compensation as amended under the decision is, for this Act, taken to be the original compensation. (sec.101-ssec.8) In this section— compensation agreement means— a conduct and compensation agreement; or a road compensation agreement. - (a) the compensation liability or future compensation liability of a resource authority holder to either of the following has been agreed to under a compensation agreement or decided by the Land Court (the original compensation )— (i) an eligible claimant; (ii) a public road authority; and - (i) an eligible claimant; - (ii) a public road authority; and - (b) there has been a material change in circumstances (the change ) since the agreement or decision. - (i) an eligible claimant; - (ii) a public road authority; and - (a) the resource authority holder; - (b) the eligible claimant; - (c) the public road authority. - (a) all criteria prescribed by regulation applying for the compensation; and - (b) whether the applicant has attempted to mediate or negotiate the compensation liability; and - (c) any other matter the Court considers relevant to making the decision. - (a) a conduct and compensation agreement; or - (b) a road compensation agreement.