Queensland Consolidated Acts
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TRANSPORT OPERATIONS (PASSENGER TRANSPORT) ACT 1994 - SECT 36F
(1) A person bound by an essential infrastructure direction may claim
compensation from the State for costs incurred by the person in complying with
(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—
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
(4) The compensation must not include any component
(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.
Commercial Arbitration Act 2013 applies to the arbitration.
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