AustLII Tasmanian Consolidated Acts

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FOREST MANAGEMENT ACT 2013 - SECT 16G

Determination of compensation

(1)  In this section –
affected person means a person who is entitled to compensation in accordance with this Part.
(2)  Before agreeing an amount of compensation, the Minister must obtain the approval of the Solicitor-General to that amount.
(3)  If the affected person and the Minister agree the amount of compensation in writing, the compensation is that amount.
(4)  If the affected person and the Minister cannot agree the amount of compensation, the claim for compensation is to be determined in the same manner as a disputed claim for compensation under the Land Acquisition Act 1993 and, for that purpose –
(a) the certification given by the Forestry corporation is taken to be a notice of acquisition, within the meaning of that Act; and
(b) the amount of compensation to be determined is the amount referred to in section 16F(2) ; and
(c) the Crown is the acquiring authority.
(5)  Any compensation that an affected person receives under this section extinguishes any claim that the affected person would otherwise have had against the Forestry corporation in respect of the matters to which the compensation relates.
(6)  An affected person and the Forestry corporation are taken to be discharged from the performance of their respective obligations under a wood supply contract to the extent that the non-performance of those obligations is taken into account in agreeing or determining the compensation payable to the affected person in accordance with this section.



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