7Determination of compensation

7 Determination of compensation

7 Determination of compensation

(1) The appointed person must determine the amount by which the financial value of the right to operate and lease the assets of the Port of Newcastle for 98 years would have been reduced, in the opinion of a reasonable person at the time the Deed was entered into, because of the inclusion of the reimbursement provision in the Deed (the relevant compensation).

(2) The appointed person must determine the relevant compensation under subsection (1) within—

(a) 6 months of being appointed, or

(b) another period prescribed by the regulations.

(3) In determining the relevant compensation, the appointed person may—

(a) obtain and consider information from the Port operator and the State, and

(b) obtain and consider information from other persons, including legal or financial advice, and

(c) consider any other matters the appointed person considers relevant.