Queensland Numbered Acts

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GEOTHERMAL ENERGY ACT 2010 No. 31 - SECT 266

266 Criteria for decision

(1) The criteria the Land Court must consider in deciding a compensation application include--

(a) the reasonableness of the cost, damage or loss claimed; and
(b) if the public road authority is a local government--the extent to which the cost, damage or loss claimed has been, will be or ought reasonably to be or to have been paid from--
(i) amounts the geothermal tenure holder has paid or agreed to pay the public road authority for notifiable road uses; or
(ii) rates and charges under the Local Government Act 2009 paid or payable by the geothermal tenure holder to the public road authority; and
(c) any other relevant matter.

(2) In considering the reasonableness of any cost, damage or loss claimed, the Land Court must have regard to--

(a) any action taken or proposed by the geothermal tenure holder to, or to attempt to, avoid, minimise or remedy the cost, damage or loss; and
(b) any relevant act or omission of the public road authority.

(3) Subsection (1)(b)(ii) applies whether or not the rates and charges relate to notifiable road uses.



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