162Compensation—safety net

162 Compensation—safety net (1) This section applies if, apart from this section, the operation of this division would result in the acquisition of property from a person otherwise than on just terms under the Self-Government Act, section 23 (1) (a). Note The Legislative Assembly has no power to make a law in relation to an acquisition otherwise than on just terms (see Self-Government Act, s 23 (1) (a)). (2) The Territory must pay reasonable compensation to the person for the acquisition in accordance with this section. (3) The Territory and the person may agree on an amount of compensation or other terms in satisfaction of the Territory’s obligation under subsection (2). (4) If there is no agreement under subsection (3), the person may, by proceeding in a court of competent jurisdiction, recover from the Territory the reasonable compensation that the court decides.

Prohibited waste facility development applications Division 7.3.2 (5) In deciding what is reasonable compensation, the court— (a) must have regard to any payment made to, or other terms agreed with, the person by or on behalf of the Territory in relation to the acquisition; and (b) may have regard to the following: (i) any reasonable costs incurred by the person in relation to a prohibited waste facility development application; (ii) any loss in value of land or buildings on the land related to the acquisition; (iii) any cost of work lawfully undertaken in developing the land for use as a waste facility; but (c) must not have regard to any loss of opportunity or future profit claimed by the person because of the acquisition. prohibited waste facility development application—see section 161 (2).