Queensland Numbered Acts

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GEOTHERMAL ENERGY ACT 2010 No. 31 - SECT 247

247 General liability to compensate

(1) The holder of each geothermal tenure is liable to compensate each owner or occupier of private land or public land that is in the area of, or is access land for, the tenure (an eligible claimant) for any compensatable effect the eligible claimant suffers caused by relevant authorised activities.

(2) A geothermal tenure holder's liability under subsection (1) to an eligible claimant is the holder's compensation liability to the claimant.

(3) This section is subject to section 262.

(4) In this section--

compensatable effect means all or any of the following--

(a) all or any of the following relating to the eligible claimant's land--
(i) deprivation of possession of its surface;
(ii) diminution of its value;
(iii) diminution of the use made or that may be made of the land or any improvement on it;
(iv) severance of any part of the land from other parts of the land or from other land that the eligible claimant owns;
(v) any cost, damage or loss arising from the carrying out of activities under the geothermal tenure on the land;
(b) accounting, legal or valuation costs the claimant necessarily and reasonably incurs to negotiate or prepare a conduct and compensation agreement, other than the costs of a person facilitating an ADR;
Examples of negotiation--
an ADR or conference
(c) consequential damages the eligible claimant incurs because of a matter mentioned in paragraph (a) or (b).

relevant authorised activities means authorised activities for the geothermal tenure carried out by the holder or a person authorised by the holder.



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