Western Australian Current Acts

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DAMPIER TO BUNBURY PIPELINE ACT 1997 - SECT 42

42 .         Compensation if land injuriously affected

        (1)         A land holder whose right, title, or interest in land is injuriously affected by —

            (a)         conferring rights under section 34;

            (b)         exercising any right conferred under section 34; or

            (c)         any restriction arising under section 41,

                is entitled to compensation.

        (2)         In accordance with section 28, land in respect of which the DBNGP Land Access Minister holds State corridor rights is incapable of being injuriously affected as described in subsection (1), and the creation of State corridor rights by section 31(5)(b) does not give rise to an entitlement to compensation under subsection (1).

        (3)         Schedule 2 applies with respect to compensation.

        (4)         For the purposes of this section and Schedule 2 —

        land holder means a person holding any right, title, or interest in land and includes a native title holder;

        native title holder has the same meaning as it has in the Native Title Act 1993 of the Commonwealth;

        right, title, or interest in land does not include any right conferred under section 34.

[ 43.         Deleted: No. 58 of 1999 s. 42.]



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