sec.436Provisions for deciding any compensation

### sec.436 Provisions for deciding any compensation This section applies if the Land Court decides to include in a make good agreement, or a variation of a make good agreement, for a water bore a term requiring the resource tenure holder to compensate the bore owner. The compensation may only be for— diminution of any of the following because of the impacts on the bore of the exercise of underground water rights by resource tenure holders— the value of the bore owner’s land on which the water bore is located; the authorised use or purpose the bore owner has or would have made, of water from the water bore; or any cost to the bore owner, or loss the bore owner suffers, caused by the impaired capacity of the water bore. the cost of transporting water to the bore owner’s land from an alternative water source In deciding the amount of the compensation, the Land Court may consider any make good measures for the water bore, whether successful or otherwise, taken or attempted by the resource tenure holder. s 436 prev s 436 amd 2003 No. 25 s 107 om 2008 No. 34 s 714 pres s 436 ins 2010 No. 53 s 195 amd 2014 No. 64 s 121 (sec.436-ssec.1) This section applies if the Land Court decides to include in a make good agreement, or a variation of a make good agreement, for a water bore a term requiring the resource tenure holder to compensate the bore owner. (sec.436-ssec.2) The compensation may only be for— diminution of any of the following because of the impacts on the bore of the exercise of underground water rights by resource tenure holders— the value of the bore owner’s land on which the water bore is located; the authorised use or purpose the bore owner has or would have made, of water from the water bore; or any cost to the bore owner, or loss the bore owner suffers, caused by the impaired capacity of the water bore. the cost of transporting water to the bore owner’s land from an alternative water source (sec.436-ssec.3) In deciding the amount of the compensation, the Land Court may consider any make good measures for the water bore, whether successful or otherwise, taken or attempted by the resource tenure holder. - (a) diminution of any of the following because of the impacts on the bore of the exercise of underground water rights by resource tenure holders— (i) the value of the bore owner’s land on which the water bore is located; (ii) the authorised use or purpose the bore owner has or would have made, of water from the water bore; or - (i) the value of the bore owner’s land on which the water bore is located; - (ii) the authorised use or purpose the bore owner has or would have made, of water from the water bore; or - (b) any cost to the bore owner, or loss the bore owner suffers, caused by the impaired capacity of the water bore. Example for paragraph (b) — the cost of transporting water to the bore owner’s land from an alternative water source - (i) the value of the bore owner’s land on which the water bore is located; - (ii) the authorised use or purpose the bore owner has or would have made, of water from the water bore; or