(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.]