Document ID: chunk:federal_register_of_legislation:C2004A00102:body:0:p19
Version: federal_register_of_legislation:C2004A00102
Segment Type: other
Provision Reference: 
Character Range: 44800–47357

or, in the absence of agreement, by action by the owner against the Authority in the Australian Industrial Court.

(3) In an action against the Authority under sub-section (2) by the owner of any petroleum or minerals recovered from its or their natural site in an area, being a petroleum exploration area or a minerals exploration area, as the case may be—

    (a) the court may award compensation in the form of a royalty to be paid by the Authority to the owner in respect of any petroleum or minerals, as the case may be, belonging to the owner recovered by the Authority in that area; and

    (b) the court shall, in assessing compensation, have regard to all the circumstances of the case, including the work done by, or on behalf of, the Authority in exploring for petroleum or minerals, as the case may be, in that area and in extracting petroleum or minerals, as the case may be, from its or their natural site in that area.

Application of laws to the Authority.
46. Subject to this Act, the Authority is not subject to any requirement, obligation, liability, penalty or disability under a law of Australia, or of a State or Territory, to which Australia is not subject.

Authority to do as little damage as possible.
47. (1) In the exercise of its powers under this Act, the Authority shall cause as little detriment and inconvenience and do as little damage as possible.

(2) Where the owner of land is injuriously affected by the exercise, in relation to that land, of any of the powers conferred on the Authority by Part II of this Act, compensation shall be paid by the Authority.

(3) Where any land is entered or occupied in pursuance of this Act, the Authority is liable to pay compensation to the owner or occupier of the land, or both, as the case requires, and the compensation so payable shall include compensation in respect of—

(a) damage of a temporary character as well as damage of a permanent character; and

   (b) the taking of sand, clay, stone, earth, gravel, timber, wood, materials or other things by the Authority in pursuance of section 14.

(4) Where sand, clay, stone, earth, gravel, timber, wood, materials or other things are taken from land in pursuance of section 14 and are not the property of the owner or occupier of the land, sub-section (3) applies as if a reference to the owner or occupier of the land, or both, included a reference to the owner of the sand, clay, stone, earth, gravel, timber, wood, materials or other things.

(5) Nothing in this section shall be construed as excluding or limiting any