Document ID: chunk:federal_register_of_legislation:F2016L01118:reg:15
Version: federal_register_of_legislation:F2016L01118
Segment Type: reg
Provision Reference: reg 15
Character Range: 19599–20295

15  Constitutional safety net
 (1) If:
         (a)    any of the provisions of this rule; or
         (b)    the operation of a provision of this rule;
  would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph), the Commonwealth is liable to pay a reasonable amount of compensation to the person.
 (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in a court of competent jurisdiction for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.