Offshore Minerals Act 1998
sec.136Compensation for acquisition of property due to suspension of rights
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sec.136 Compensation for acquisition of property due to suspension of rights
If— the Minister suspends tenure rights under section 135 ; and the suspension results in the acquisition of property from a person; and the State and the person agree on an amount of compensation for the acquisition; the State must pay the person the agreed amount of compensation. If— the Minister suspends tenure rights under section 135 ; and the suspension results in the acquisition of property from a person; and the State and the person do not agree on an amount of compensation for the acquisition; and the person brings an action for compensation against the State in the Wardens Court; the State must pay the person the amount of compensation (if any) that is decided by the court. In this section— acquisition of property see the Commonwealth Constitution, section 51 (xxxi) . (sec.136-ssec.1) If— the Minister suspends tenure rights under section 135 ; and the suspension results in the acquisition of property from a person; and the State and the person agree on an amount of compensation for the acquisition; the State must pay the person the agreed amount of compensation. (sec.136-ssec.2) If— the Minister suspends tenure rights under section 135 ; and the suspension results in the acquisition of property from a person; and the State and the person do not agree on an amount of compensation for the acquisition; and the person brings an action for compensation against the State in the Wardens Court; the State must pay the person the amount of compensation (if any) that is decided by the court. (sec.136-ssec.3) In this section— acquisition of property see the Commonwealth Constitution, section 51 (xxxi) .
- (a) the Minister suspends tenure rights under section 135 ; and
- (b) the suspension results in the acquisition of property from a person; and
- (c) the State and the person agree on an amount of compensation for the acquisition;
- (a) the Minister suspends tenure rights under section 135 ; and
- (b) the suspension results in the acquisition of property from a person; and
- (c) the State 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 State in the Wardens Court;