CTHIn ForceAct
Offshore Minerals Act 1994
136Compensation for acquisition of property due to suspension of rights
Start here
Get a plain-English read of 136
Turn the raw legal text into a practical explanation grounded in Offshore Minerals Act 1994.
#### 136 Compensation for acquisition of property due to suspension of rights
(1) If:
(a) the Joint Authority suspends licence rights under section 135; and
(b) the suspension results in the acquisition of property from a person; and
(c) the Commonwealth and the person agree on an amount of compensation for the acquisition;
the Commonwealth must pay the person the agreed amount of compensation.
(2) If:
(a) the Joint Authority suspends licence rights under section 135; and
(b) the suspension results in the acquisition of property from a person; and
(c) the Commonwealth and the person do not agree on an amount of compensation for the acquisition; and
(d) the person brings an action for compensation against the Commonwealth in the High Court or an appropriate Supreme Court;
the Commonwealth must pay the person the amount of compensation (if any) that is determined by the court.
(3) In this section:
> acquisition of property means an acquisition of property within the meaning of paragraph 51(xxxi) of the Constitution.
> appropriate Supreme Court means the Supreme Court of, or having jurisdiction in, the State or Territory for which the Joint Authority is established.