(1)

If:

(a) either of the following would result in an acquisition of property from a person:
(i) anything done by a carrier under, or because of, this Schedule;
(ii) the existence of rights conferred on a carrier under, or because of, this Schedule in relation to a building, structure or facility owned or operated by the carrier; and
(b) the acquisition of property would not be valid, apart from this clause, because a particular person had not been compensated;

the carrier must pay that person:

(c) a reasonable amount of compensation agreed on between the person and the carrier; or
(d) failing agreement—a reasonable amount of compensation determined by a court of competent jurisdiction.

(2)

In assessing compensation payable under this clause arising out of an event, the following must be taken into account:

(a) any compensation obtained by the person as a result of an agreement between the person and the carrier otherwise than under this clause but arising out of the same event;
(b) any damages or compensation recovered by the person from the carrier, or other remedy given, in a proceeding begun otherwise than under this clause but arising out of the same event.

(3)

This clause does not limit the operation of clause 42.

(4)

In this clause:

This Part applies in relation to:

(a) anything done by a carrier under, or because of, this Schedule after the commencement of Schedule 2 to the Telecommunications and Other Legislation Amendment (Protection of Submarine Cables and Other Measures) Act 2005 ; and
(b) the existence of rights:
(i) in relation to a building, structure or facility owned or operated by a carrier; and
(ii) that are conferred on a carrier under, or because of, this Schedule on or after the commencement of Schedule 2 to the Telecommunications and Other Legislation Amendment (Protection of Submarine Cables and Other Measures) Act 2005 .