45Compensation

### 45 Compensation > > (1)  A landholder is entitled to compensation for financial loss suffered directly resulting from an interim protection order or a land management agreement. > > > (2)  A person who is required to comply with a notice under [section 36](#GS36@EN) is entitled to compensation for financial loss as a result of being required to comply with that notice. > > > (3)  The holder of a licence, permit or other authority limited under [section 38](#GS38@EN) is entitled to compensation for financial loss. > > > (4)  An application for compensation under this section is to be made to the Minister. > > > (5)  The Minister must determine the amount of compensation to be paid to a person entitled to compensation. > > > (6)  In making a determination, the Minister must have regard to the following matters: > > > > > > (a) the amount by which the value of the land will be increased or decreased as a result of the interim protection order; > > > > > > > (b) the amount of financial loss, including loss of profit, loss occasioned by breach of contract, loss of production and other consequential loss, to the landholder or other person which would result from compliance with the order; > > > > > > > (c) any increase in the value of the land which would result from the carrying out of works for the purposes of this Act; > > > > > > > (d) the cost of any works required to be carried out on the land; > > > > > > > (e) any change in the value of chattels or improvements which would occur because the land use or activity to which they relate is to be restricted or prohibited by the order; > > > > > > > (f) any other matter which the Minister considers relevant. > > > (7)  If compensation is payable under this section, the person to whom it is payable is also entitled to be paid for any reasonable costs and interest arising from the claim for compensation calculated from the time when the loss was first incurred. > > > (8)  If a person has applied for compensation, the Minister may make a payment of an amount determined by the Minister to that person before a decision is made on that person's application. > > > (9)  The Minister must undertake to assist any person who is required to carry out works under an interim protection order if the Minister is of the opinion that that person could claim compensation for those works and the assistance is to be given before the requirement is enforced. > > > (10)  The assistance given by the Minister may be either – > > > > > > (a) payment of money; or > > > > > > > (b) provision of labour, goods or other services – > > > > and the money paid or cost of other assistance given is to be that which in the Minister's opinion reflects the reasonable and actual costs of carrying out the works. > > > (11)  The Minister may pay compensation to a person entitled to receive it by part payments at periodic intervals if the Minister and that person so agree. > > > (12)  [Parts 3](/view/html/inforce/2026-04-12/act-1993-023#) , [4](/view/html/inforce/2026-04-12/act-1993-023#GS4@EN) and [5 of the](/view/html/inforce/2026-04-12/act-1993-023#GS5@EN) [Land Acquisition Act 1993](/view/html/inforce/2026-04-12/act-1993-023) , with any necessary changes, apply to the determination of compensation under this section as if the landholder were entitled to compensation under that Act. > > > (13)  A payment of compensation or any other payment required by the terms of an agreement made under this Act is to be made from the Fund.