44Effect of failure to pay compensation

### 44 Effect of failure to pay compensation > > (1)  This section applies to – > > > > > > (a) an affected owner whose application to the Minister for compensation has been refused by the Minister pursuant to [section 41(3)(b)](#GS41@Gs3@Hpb@EN) ; and > > > > > > > (b) an affected owner in respect of whom the Minister has not accepted the determination of an arbitrator made pursuant to [section 42(3)](#GS42@Gs3@EN) ; and > > > > > > > (c) an affected owner or other landowner who has entered into a conservation covenant under this Division but has not, within the period of 180 days immediately after the day on which he or she notified the Minister that he or she would accept an offer of compensation under this Part, received – > > > > > > > > > > (i) any compensation; or > > > > > > > > > > > (ii) the full amount of the initial instalment of compensation provided for in the covenant. > > > (2)  The 180 day period referred to in [subsection (1)(c)](#GS44@Gs1@Hpc@EN) is exclusive of any period of time during which the affected owner has been a party to any arbitration or legal proceedings in respect of a matter under this Part. > > > (3)  A landowner to whom [subsection (1)(c)](#GS44@Gs1@Hpc@EN) applies may notify the Minister in writing that he or she requires the conservation covenant referred to in that subsection to be discharged. > > > (4)  If the Minister receives a notification from a landowner under [subsection (3)](#GS44@Gs3@EN) , the Minister must – > > > > > > (a) if satisfied that there has been a failure to pay compensation to that landowner; and > > > > > > > (b) if any compensation paid to that landowner has been repaid to the Minister – > > > > lodge an executed discharge of the relevant conservation covenant with the Recorder without undue delay. > > > (5)  A landowner is not required to pay interest in respect of any compensation that is repaid to the Minister under this section. > > > (6)  If a conservation covenant is discharged at the request of a landowner in accordance with this section, an action does not lie against the Crown in respect of any failure to pay compensation to the landowner under this Part. > > > (7)  [*\[Section 44 Subsection (7) amended by No. 56 of 2004, Sched. 2, Applied:01 Jul 2005\]*](/view/html/inforce/2005-07-01/act-2004-056#JS2@Ja4@GC2@Hpa@EN) A landowner to whom this section applies may reapply to the Forest Practices Authority under [section 18(1)(b) of the](/view/html/inforce/2026-04-12/act-1985-048#GS18@Gs1@Hpb@EN) [Forest Practices Act 1985](/view/html/inforce/2026-04-12/act-1985-048) for the certification of the relevant forest practices plan. > > > (8)  [*\[Section 44 Subsection (8) amended by No. 56 of 2004, Sched. 2, Applied:01 Jul 2005\]*](/view/html/inforce/2005-07-01/act-2004-056#JS2@Ja4@GC2@Hpb@EN) Subject to [subsection (9)](#GS44@Gs9@EN) , if a forest practices plan is submitted to the Forest Practices Authority under [subsection (7)](#GS44@Gs7@EN) , the Forest Practices Authority has no power – > > > > > > (a) [*\[Section 44 Subsection (8) amended by No. 56 of 2004, Sched. 2, Applied:01 Jul 2005\]*](/view/html/inforce/2005-07-01/act-2004-056#JS2@Ja4@GC2@Hpc@EN) [*\[Section 44 Subsection (8) amended by No. 36 of 2006, s. 9, Applied:30 Apr 2007\]*](/view/html/inforce/2007-04-30/act-2006-036#GS9@Hpa@EN) to refuse to certify the plan on the grounds that implementation of the plan would adversely affect a threatened species of flora or fauna or a threatened native vegetation community which has previously been considered by that Authority in respect of that plan; or > > > > > > > (b) [*\[Section 44 Subsection (8) amended by No. 56 of 2004, Sched. 2, Applied:01 Jul 2005\]*](/view/html/inforce/2005-07-01/act-2004-056#JS2@Ja4@GC2@Hpd@EN) [*\[Section 44 Subsection (8) amended by No. 36 of 2006, s. 9, Applied:30 Apr 2007\]*](/view/html/inforce/2007-04-30/act-2006-036#GS9@Hpb@EN) to amend the plan for the purpose of protecting a threatened species of flora or fauna or a threatened native vegetation community which has previously been considered by that Authority in respect of that plan – > > > > > > and, if that plan is otherwise certified, the Forest Practices Authority has no power – > > > > > > > (c) [*\[Section 44 Subsection (8) amended by No. 56 of 2004, Sched. 2, Applied:01 Jul 2005\]*](/view/html/inforce/2005-07-01/act-2004-056#JS2@Ja4@GC2@Hpe@EN) [*\[Section 44 Subsection (8) amended by No. 36 of 2006, s. 9, Applied:30 Apr 2007\]*](/view/html/inforce/2007-04-30/act-2006-036#GS9@Hpc@EN) to amend the plan under [section 22 of the](/view/html/inforce/2026-04-12/act-1985-048#GS22@EN) [Forest Practices Act 1985](/view/html/inforce/2026-04-12/act-1985-048) for the purpose of protecting a threatened species of flora or fauna or a threatened native vegetation community which has previously been considered by that Authority in respect of that plan; or > > > > > > > (d) [*\[Section 44 Subsection (8) amended by No. 56 of 2004, Sched. 2, Applied:01 Jul 2005\]*](/view/html/inforce/2005-07-01/act-2004-056#JS2@Ja4@GC2@Hpf@EN) [*\[Section 44 Subsection (8) amended by No. 36 of 2006, s. 9, Applied:30 Apr 2007\]*](/view/html/inforce/2007-04-30/act-2006-036#GS9@Hpd@EN) to refuse an application to vary the plan under [section 23 of the](/view/html/inforce/2026-04-12/act-1985-048#GS23@EN) [Forest Practices Act 1985](/view/html/inforce/2026-04-12/act-1985-048) on the ground that implementation of the variation of the plan would adversely affect a threatened species of flora or fauna or a threatened native vegetation community which has previously been considered by that Authority in respect of that plan. > > > (9)  [*\[Section 44 Subsection (9) amended by No. 56 of 2004, Sched. 2, Applied:01 Jul 2005\]*](/view/html/inforce/2005-07-01/act-2004-056#JS2@Ja4@GC2@Hpg@EN) Nothing in [subsection (8)](#GS44@Gs8@EN) prohibits the Forest Practices Authority from enforcing a restriction contained in the Forest Practices Code, 1987. > > > (10)  [Subsections (7)](#GS44@Gs7@EN) and [(8)](#GS44@Gs8@EN) have effect despite any other enactment.