Queensland Numbered Acts

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GEOTHERMAL ENERGY ACT 2010 No. 31 - SECT 267

267 Land Court review of compensation

(1) This section applies if--

(a) the compensation liability or future compensation liability of a geothermal tenure holder to a public road authority has been agreed to under a compensation agreement or decided by the Land Court (the original compensation); and
(b) there has been a material change in circumstances since the agreement or decision.
Example of a material change in circumstances--
a significant decrease or increase in the extent of the relevant notifiable road use

(2) The public road authority or geothermal tenure holder may apply to the Land Court for it to review the original compensation.

(3) Sections 265 and 266 apply for the review as if the application were a compensation application.

(4) The Land Court may, after carrying out the review, decide to confirm the original compensation or amend it in a way the court considers appropriate.

(5) However, before making the decision, the Land Court must have regard to--

(a) the original compensation; and
(b) whether the applicant has attempted to mediate or negotiate an amendment of the original compensation; and
(c) any change in the matters mentioned in section 266(1) since the original compensation was agreed or decided.

(6) If the decision is to amend the original compensation, the original compensation as amended under the decision is, for this Act, taken to be the original compensation.



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