NSWIn ForceAct
Petroleum (Onshore) Act 1991
109Measure of compensation
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#### 109 Measure of compensation
109 Measure of compensation
> > (1) (Repealed)
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> > (2) Where—
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> > > (a) the holder of a petroleum title is liable to compensate another holder of a petroleum title, and
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> > > (b) the compensation is assessed under this Act by any court, person or body,
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> > the assessment is to be of the loss caused or likely to be caused by the operations of the other holder being detrimentally affected, or being likely to be so affected.
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> > (3) In determining the amount of compensation, a court, person or body must take into consideration the amount of compensation which any person entitled to it, or the predecessor in title of any such person, has already received for or in respect of the damage or loss for which compensation is being determined and must deduct the amount already so received from the amount to which the person would otherwise be entitled for such damage or loss.
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> > (4) In making an assessment of compensation regard is to be had to the matters (if any) prescribed by the regulations.
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> **s 109:** Am 1998 No 5, Sch 1 \[17\]; 2000 No 90, Sch 4 \[22\]; 2008 No 107, Sch 22 \[10\]; 2015 No 41, Sch 2 \[31\]–\[35\].