Queensland Numbered Acts

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GREENHOUSE GAS STORAGE ACT 2009 No. 3 - SECT 322

322 Land Court review of compensation

(1) This section applies if--

(a) the compensation liability or future compensation liability of a GHG authority holder to an eligible claimant has been agreed to under a compensation agreement or decided by the Land Court (the original compensation); and
(b) there has since the agreement or decision been a material change in circumstances (the change).

(2) The eligible claimant or the holder may apply to the Land Court for it to review the original compensation.

(3) In carrying out the review, the Land Court may review the original compensation only to the extent it is affected by the change.

(4) If the Land Court considers the original compensation is not affected by the change, it must not carry out or continue with the review.

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

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



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