Document ID: chunk:federal_register_of_legislation:C2024C00450:section:101a:p1
Version: federal_register_of_legislation:C2024C00450
Segment Type: section
Provision Reference: s 101A (pt 1/2)
Character Range: 110566–113082

101A  Minister may make offer of compensation where no claim is made
 (1) If:
 (a) the Minister is satisfied that a person who owns an interest in land has suffered loss because of the exercise, in relation to the land, of powers conferred by Part III; and
 (b) a period of at least 12 months, and not more than 3 years, has elapsed since the loss was suffered; and
 (c) the person has not made a claim for compensation in accordance with section 97 in respect of the loss;
the Minister may, by written notice given to the person, make an offer to the person of the amount of compensation to which the Minister considers the person is entitled in accordance with Division 1.
 (2) If:
 (a) a pre‑acquisition declaration is revoked or ceases to have effect because of subsection 44(2) or 46(3); and
 (b) the Minister is satisfied that a person:
 (i) was, when the declaration was in force, an owner of an interest affected by the declaration; and
 (ii) suffered loss as a direct, natural and reasonable consequence of the making of the declaration; and
 (c) a period of at least 12 months, and not more than 3 years, has elapsed since the declaration was revoked or ceased to have effect; and
 (d) the person has not made a claim for compensation in accordance with section 97 in respect of the loss;
the Minister may, by written notice given to the person, make an offer to the person of the amount of compensation to which the Minister considers the person is entitled in accordance with Division 1.
 (3) If:
 (a) a certificate under section 24 is revoked or ceases to have effect because of subsection 46(3); and
 (b) the Minister is satisfied that a person:
 (i) was affected by the certificate when the certificate was in force; and
 (ii) suffered loss as a direct, natural and reasonable consequence of the giving of the certificate; and
 (c) a period of at least 12 months, and not more than 3 years, has elapsed since the certificate was revoked or ceased to have effect; and
 (d) the person has not made a claim for compensation in accordance with section 97 in respect of the loss;
the Minister may, by written notice given to the person, make an offer to the person of the amount of compensation to which the Minister considers the person is entitled in accordance with Division 1.
 (4) An offer under subsection (1), (2) or (3) must contain an explanation of how the amount offered was arrived at.
 (5) If the Minister makes an offer of compensation to a person under subsection (1), (2) or (3), the person