Document ID: chunk:federal_register_of_legislation:F2024C01048:reg:68r
Version: federal_register_of_legislation:F2024C01048
Segment Type: reg
Provision Reference: reg 68R
Character Range: 94284–96091

68R  Compensation for diminution of land value, loss or damage
 (1) For the purposes of paragraph 124(1)(r) of the Act, the Commonwealth is, subject to subsection (2), liable to pay a reasonable amount of compensation to a person if:
 (a) the value of land is diminished as a result of a Ministerial declaration and the person has an interest in the land; or
 (b) because of the removal under this Part of a building, structure or object from a defence aviation area the person suffers loss or damage, or incurs expense, as a direct result of that removal; or
 (c) because of the marking or lighting under this Part of a building, structure or object in a defence aviation area the person suffers loss or damage, or incurs expense, as a direct result of that marking or lighting.
 (2) Paragraphs (1)(b) and (c) do not apply in relation to a building, structure or object if:
 (a) the building, structure or object was constructed within a defence aviation area without a valid approval under section 68F; or
 (b) the person brings the object into, or has the object within, a defence aviation area without a valid approval under section 68K; or
 (c) the person uses the object in a defence aviation area in a manner that is hazardous to:
 (i) aircraft; or
 (ii) aviation‑related communications, navigation or surveillance;
  without a valid approval under section 68K; or
 (d) an approval in force under section 68F or 68K in relation to the building, structure or object, or a condition to which such an approval is subject, is contravened.
 (3) If the Commonwealth and the person do not agree on the amount of 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.