42Assessment of compensation

### 42 Assessment of compensation > > (1)  Any compensation to be paid to a landowner under this Division is to be assessed, as soon as practicable, by a conservation compensation committee. > > > (2)  In assessing the amount of compensation that is to be paid to a landowner under this Division, the conservation compensation committee – > > > > > > (a) must give the Minister and the landowner a reasonable opportunity to make submissions to the committee; and > > > > > > > (b) may have regard to any matters the committee considers relevant; and > > > > > > > (c) must have regard to the following matters: > > > > > > > > > > (i) the value of any standing timber on the relevant land; > > > > > > > > > > > (ii) [*\[Section 42 Subsection (2) amended by No. 36 of 2006, s. 8, Applied:30 Apr 2007\]*](/view/html/inforce/2007-04-30/act-2006-036#GS8@Hpa@EN) if the relevant land is forested, any timber-growing potential of the relevant land unable to be realised; > > > > > > > > > > > (iii) the value of any agricultural activities being carried out on the relevant land; > > > > > > > > > > > (iv) any agricultural potential of the relevant land unable to be realised; > > > > > > > > > > > (v) any government restrictions relating to threatened species of flora or fauna, including restrictions under the Forest Practices Code, 1987 existing as at the date of commencement of the [Public Land (Administration and Forests) Act 1991](/view/html/inforce/2026-04-12/act-1991-042) ; > > > > > > > > > > > (va) [*\[Section 42 Subsection (2) amended by No. 36 of 2006, s. 8, Applied:30 Apr 2007\]*](/view/html/inforce/2007-04-30/act-2006-036#GS8@Hpb@EN) any government restrictions relating to the clearance and conversion of threatened native vegetation communities, including restrictions under the Forest Practices Code as from time to time in force; > > > > > > > > > > > (vb) [*\[Section 42 Subsection (2) amended by No. 36 of 2006, s. 8, Applied:30 Apr 2007\]*](/view/html/inforce/2007-04-30/act-2006-036#GS8@Hpb@EN) in respect of the conservation of natural and cultural values on the relevant land, the extent to which the duty of care that the landowner is being required to exercise regarding those values exceeds the duty of care required under the Forest Practices Code as in force on the date of the relevant conservation determination; > > > > > > > > > > > (vi) the amount of any land tax or municipal rates payable in respect of the relevant land, and whether the landowner is entitled to receive any remission of such charges; > > > > > > > > > > > (vii) the likely impact of a conservation covenant on the use of other land of the landowner; > > > > > > > > > > > (viii) any reasonable costs incurred, or likely to be incurred, by the landowner as a result of the landowner entering into a conservation covenant in respect of the relevant land, other than the costs of any arbitration or legal proceedings. > > > (3)  [*\[Section 42 Subsection (3) amended by No. 9 of 2011, Sched. 1, Applied:01 Oct 2012\]*](/view/html/inforce/2012-10-01/act-2011-009#JS1@Ja9@GC3@EN) If – > > > > > > (a) the Minister or the landowner disputes the amount of compensation assessed by the conservation compensation committee; and > > > > > > > (b) the Minister and the landowner cannot otherwise agree as to the amount of compensation – > > > > the amount of compensation may be determined by an arbitrator in accordance with the [Commercial Arbitration Act 2011](/view/html/inforce/2026-04-12/act-2011-013) , in accordance with that Act. > > > (4)  An affected owner who does not accept the amount of compensation assessed by the conservation compensation committee and who – > > > > > > (a) refuses to have the amount of compensation determined by an arbitrator pursuant to [subsection (3)](#GS42@Gs3@EN) ; or > > > > > > > (b) does not accept the determination of an arbitrator made pursuant to [subsection (3)](#GS42@Gs3@EN)  – > > > > is to be taken to have withdrawn his or her application for compensation.