44CAcquisition on just terms

44C Acquisition on just terms (1) If the operation of this Division would, apart from this section, result in an acquisition of property from a person otherwise than on just terms: (a) the person is entitled to receive the compensation necessary to ensure the acquisition is on just terms from: (i) if the acquisition arises from the exercise of a power or function by a port operator – the port operator; or (ii) if the acquisition arises from the exercise of a power or function by a regional harbourmaster – the Territory; and (b) a court of competent jurisdiction may decide the amount of compensation or make the orders it considers necessary to ensure the acquisition is on just terms.

Ports Management Act 2015 46 (2) Subsection (3) applies if: (a) a court has decided an amount of compensation is payable; and (b) under subsection (1)(a)(i), a port operator is required to pay the compensation; and (c) the port operator fails to do so within a reasonable time. (3) The Territory must pay the compensation and the port operator is liable to pay the Territory the amount of compensation paid by the Territory together with all costs incurred by the Territory in consequence of the port operator's failure. (4) An amount that a port operator is liable to pay under subsection (3) may be recovered as a debt due and payable to the Territory.