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Wet Tropics World Heritage Protection and Management Act 1993
sec.57Compensation
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### sec.57 Compensation
Subject to subsections (2) and (3) , if a land-holder’s interest in land is injuriously affected by a prohibition under section 56 , the land-holder is entitled to be paid by the authority such reasonable compensation because of the prohibition as is agreed between the authority and the land-holder or, failing agreement, as is determined by the Land Court.
Compensation is payable only if the prohibition is a prohibited act merely because of paragraph (b) or (c) of the definition prohibited act in section 56 .
Compensation is not payable if compensation has already been paid in respect of—
the prohibition; or
a similar prohibition.
A claim for compensation must be lodged with the authority within 6 months after the prohibition starts or such longer period as the authority or Land Court in special circumstances allows.
In making a determination, the Land Court must have regard to the following matters—
the capacity of the land to sustain the prohibited act;
any change in the value of the land because of the prohibition;
any change in the profitability of the land because of the prohibition;
any cooperative management agreement with the land-holder.
Subsection (5) does not limit the matters to which the Land Court may have regard in making a determination.
In this section—
land-holder includes a person having an interest in land.
(sec.57-ssec.1) Subject to subsections (2) and (3) , if a land-holder’s interest in land is injuriously affected by a prohibition under section 56 , the land-holder is entitled to be paid by the authority such reasonable compensation because of the prohibition as is agreed between the authority and the land-holder or, failing agreement, as is determined by the Land Court.
(sec.57-ssec.2) Compensation is payable only if the prohibition is a prohibited act merely because of paragraph (b) or (c) of the definition prohibited act in section 56 .
(sec.57-ssec.3) Compensation is not payable if compensation has already been paid in respect of— the prohibition; or a similar prohibition.
(sec.57-ssec.4) A claim for compensation must be lodged with the authority within 6 months after the prohibition starts or such longer period as the authority or Land Court in special circumstances allows.
(sec.57-ssec.5) In making a determination, the Land Court must have regard to the following matters— the capacity of the land to sustain the prohibited act; any change in the value of the land because of the prohibition; any change in the profitability of the land because of the prohibition; any cooperative management agreement with the land-holder.
(sec.57-ssec.6) Subsection (5) does not limit the matters to which the Land Court may have regard in making a determination.
(sec.57-ssec.7) In this section— land-holder includes a person having an interest in land.
- (a) the prohibition; or
- (b) a similar prohibition.
- (a) the capacity of the land to sustain the prohibited act;
- (b) any change in the value of the land because of the prohibition;
- (c) any change in the profitability of the land because of the prohibition;
- (d) any cooperative management agreement with the land-holder.