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Petroleum Act 1984
82Compensation for right of access
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82 Compensation for right of access
(1) Where any land over which a right to construct a road or carry out
other work to ensure access to an exploration permit or licence
area is injured or diminished in value as a result of the exercise of
that right, the owner of the land and any occupier of the land who
has a registered interest in that land are entitled to compensation
from the permittee or licensee for the loss or damage in respect of
the owner's and occupier's respective interests in the land.
(2) Compensation for the effect of the construction of a road or other
work carried out to ensure access to an exploration permit or
licence area on native title is payable to the native title holder by the
permittee or licensee.
Note for subsections (1) and (2)
If a permittee or licensee and a person entitled to compensation are unable to
agree on an amount, by way of compensation, to which the person is entitled,
either party may refer the dispute to the Tribunal under section 82A.
(3) A person who intends to claim compensation under this section
must lodge the claim in writing with the holder of the relevant
petroleum interest within 3 years after the act giving rise to the
claim is done or within the further time the Tribunal allows.
(4) The Tribunal has the jurisdiction to extend the time for making a
claim referred to in subsection (3) as if the claim were an action to
which section 44 of the Limitation Act 1981 applies and the Tribunal
were a court for the purposes of that section.
(5) The Regulations may provide for a method and manner of
calculating compensation payable under this section.
Petroleum Act 1984 91