Commonwealth Consolidated Acts

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OFFSHORE PETROLEUM AND GREENHOUSE GAS STORAGE ACT 2006 - SECT 780

Acquisition of property

  (1)   If the operation of this Act or the regulations would result in an acquisition of property from a person otherwise than on just terms, the Commonwealth is liable to pay a reasonable amount of compensation to the person.

  (2)   If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in the Federal Court for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.

  (2A)   Despite subsection   (1), the following sections have no effect to the extent (if any) to which their operation would result in the acquisition of property otherwise than on just terms:

  (a)   section   586;

  (b)   section   586A;

  (c)   section   587;

  (d)   section   587A;

  (e)   section   591B;

  (f)   section   592;

  (g)   section   594A;

  (h)   section   595.

  (3)   In this section:

"acquisition of property" has the same meaning as in paragraph   51(xxxi) of the Constitution.

"just terms" has the same meaning as in paragraph   51(xxxi) of the Constitution.

 


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