Queensland Consolidated Acts

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36F Compensation

(1) A person bound by an essential infrastructure direction may claim compensation from the State for costs incurred by the person in complying with the direction.
(2) The amount of the compensation is to be decided by agreement between the chief executive and the claimant or, if there is no agreement, by an arbitrator.
(3) The arbitrator must be appointed by—
(a) agreement between the chief executive and the claimant; or
(b) if the chief executive and the claimant can not agree—the Institute of Arbitrators & Mediators Australia or, if that body ceases to exist, another body that represents arbitrators.
(4) The compensation must not include any component for—
(a) loss of income or profit for any use of the infrastructure other than that required to be allowed under the direction; or
(b) diminution in the value of the infrastructure or land related to the infrastructure because of the direction.
(5) Without limiting the matters an arbitrator may or may not take into account, a regulation may provide for matters to be considered, or not considered, in deciding the amount of compensation.
(6) The Commercial Arbitration Act 2013 applies to the arbitration.

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