Part 11—Determination of disputes 320 Division 1—Preliminary matters 320 199 Application of this Part 320 200 Definitions 320 Division 2—Application/referral process 320 201 Application or referral of disputed claim 320 202 Jurisdiction 321 203 Form of notice of referral 321 204 Service of notice of referral on other parties 322 205 Withdrawal application 322 Division 3—Compulsory conference in the court 322 206 Compulsory conference 322 207 Objects of compulsory conference 322 208 Parties may vary offer or claim 323 209 Settlement 323 Division 4—Determinations 323 210 Determination of claim 323 211 Principles to be applied in determining compensation 324 212 Costs 324 213 Payment of compensation 325 214 Supreme Court—limitation of jurisdiction 325 Schedules 326 Schedule 3—Regulation-making powers 327 Schedule 4—Restriction of net fishing in Port Phillip Bay 335 Endnotes 345 1 General information 345 2 Table of Amendments 348 3 Amendments Not in Operation 354 4 Explanatory details 398
(b) the level of consultation should reflect the likely impact of decisions on persons and fisheries resources; (c) the consultation process should be adequately resourced; (d) the consultation process should be flexible and designed to take into account the number and type of persons to be consulted and their ability to contribute to the process; (e) the consultation process should involve consideration of representative advice which represents the views and values of the persons represented; (f) representative advice in relation to the following persons or groups should be considered during any consultation process— (i) recreational fishers; (ii) commercial fishers; (iii) aquaculture operators; (iv) conservation groups; (v) indigenous groups; (g) the consultation process should consider expert advice, which should be obtained from the most appropriate provider; (h) any expert advice obtained during the consultation process should be made available to persons participating in the consultation process. (2) Without limiting the generality of subsection (1), for the purposes of that subsection, the following decisions are taken to affect the use and conservation of 's fisheries resources—
S. 4(1) def. of condition inserted by No. 5/1997 s. 4(1)(g). condition, in relation to a licence or permit, includes any restriction that applies to the licence or permit; S. 4(1) def. of consultative body repealed by No. 35/2009 s. 28. * * * * * S. 4(1) def. of co-operative inserted by No. 108/2003 s. 29(1), amended by No. 9/2013 s. 42(Sch. 2 item 9). co-operative means a body registered as a cooperative— (a) under the Cooperatives National Law (Victoria); or (b) under an equivalent law of another Australian jurisdiction; S. 4(1) def. of corporation inserted by No. 108/2003 s. 29(1). corporation means a corporation that— (a) has a registered office in ; and (b) that holds an Australian Company Number; S. 4(1) def. of Council inserted by No. 64/2013 s. 3(3). Council means the Fisheries Advisory Council established under Part 6; court means the Magistrates' Court or any other court of competent jurisdiction; S. 4(1) def. of declared fishery repealed by No. 5/1997 s. 4(1)(a). * * * * *
Joint Authority fishery means a fishery in respect of which there is in force an arrangement under Part 2 by which the fishery is under the management of a Joint Authority; S. 4(1) def. of licence amended by No. 5/1997 s. 4(1)(n). licence means— (a) a fishery licence; or (b) any category of licence created by the regulations under clause 3.2 of Schedule 3; Licensing Appeals Tribunal means the Licensing Appeals Tribunal referred to in section 135; management plan means a management plan declared under Part 3; S. 4(1) def. of marine waters substituted by No. 5/1997 s. 4(1)(o). marine waters means Victorian waters other than— (a) inland waters; (b) any waters that are private property; S. 4(1) def. of Ministerial direction inserted by No. 5/1997 s. 4(1)(o). Ministerial direction means a direction given under section 61; noxious aquatic species means a noxious aquatic species declared under section 75; S. 4(1) def. of open season substituted by No. 5/1997 s. 4(1)(p). open season in relation to a species of fish means any time or period during which the taking of fish of that species is not prohibited under this Act or during which the taking of fish of that species is allowed under this Act; Order in Council means an Order made by the Governor in Council and published in the Government Gazette;
public authority means any Government Department or any body corporate or unincorporate established under any Act for a public purpose; S. 4(1) def. of quota fishery inserted by No. 80/2000 s. 3(b), amended by No. 58/2005 s. 3(2)(b). quota fishery means a fishery, or a specified zone or zones of a fishery, that is the subject of a declaration under section 64(1)(a) or 66C(1)(a); S. 4(1) def. of quota managed fishery repealed by No. 5/1997 s. 4(1)(a). * * * * * S. 4(1) def. of quota notice substituted by No. 5/1997 s. 4(1)(s). quota notice means a notice issued under section 65; S. 4(1) def. of quota order inserted by No. 5/1997 s. 4(1)(s), amended by Nos 80/2000 s. 3(a), 58/2005 s. 3(2)(c). quota order means an order issued under section 64, 64A, 66C or 66D; S. 4(1) def. of quota period inserted by No. 5/1997 s. 4(1)(s). quota period means any period specified in a quota order as the period over which a total allowable catch or an individual quota is to apply; S. 4(1) def. of recognised peak body repealed by No. 35/2009 s. 28. * * * * *
the Primary Industries Legislation Amendment Act 2009, unless the contrary intention appears. 5 Definition of fish (1) In this Act, fish means— S. 5(1)(a) amended by No. 5/1997 s. 50(1)(a)(i). (a) all species of vertebrate aquatic fauna other than mammals, reptiles, birds and amphibians; (b) sharks, rays, lampreys and other cartilaginous fish; (c) oysters and other aquatic molluscs; S. 5(1)(d) amended by No. 35/2009 s. 51. (d) aquatic crustaceans; (e) echinoderms; S. 5(1)(f) amended by No. 5/1997 s. 50(1)(a)(ii). (f) any other species of aquatic invertebrate declared to be fish under subsection (2). S. 5(2) amended by No. 5/1997 s. 50(1)(a)(ii). (2) The Governor in Council may by Order in Council declare a species of aquatic invertebrate to be fish for the purposes of this Act. (3) A reference in this Act to fish includes a reference to— (a) fish in any form whether— (i) alive or dead; (ii) raw, cooked, preserved or processed in any manner whatsoever; (b) fish of either sex; (c) fish ova; (d) part of a fish.
(3) A general permit continues in force for the period specified on the permit by the Secretary, unless it is sooner cancelled under this Act. (4) The Secretary may specify a period of up to 3 years for the purposes of subsection (3). (5) The Secretary must not issue a general permit to a person unless the Secretary is satisfied that the person is a fit and proper person to hold the permit. (6) A general permit is not renewable, but the Secretary may issue another general permit to a person whose general permit is about to expire or who has previously held a general permit. (7) A general permit is not transferable. (8) The Secretary may cancel a general permit at any time and without notice. S. 50 substituted by No. 5/1997 s. 9. 50 Special provisions concerning general permits for developing fisheries (1) The Secretary must not issue a general permit in respect of a developing fishery unless a Ministerial direction exists in respect of the fishery. (2) If the status of a fishery as a developing fishery is revoked, any general permits issued in respect of that fishery are automatically cancelled. S. 50A inserted by No. 5/1997 s. 9. 50A Licence does not confer automatic rights on water authority property (1) A licence or permit under this Division does not confer any authority or consent to enter on any land that is, or to take or to attempt to take fish from any waters that are, owned or vested in a water authority.
S. 51(3B) inserted by No. 108/2003 s. 29(2). (3B) Despite anything to the contrary in any law, the Secretary may only issue an access licence or an aquaculture licence to an individual who is an Australian resident. S. 51(3C) inserted by No. 58/2005 s. 11, amended by No. 35/2009 s. 58(1). (3C) Despite anything to the contrary in any law, the Secretary may only issue a fish receiver licence to an individual, a single corporation or a cooperative. S. 51(3D) inserted by No. 58/2005 s. 11, amended by No. 35/2009 s. 58(1). (3D) The Secretary must refuse to issue a fish receiver licence to a partnership or a consortium. (4) The Secretary must refuse to issue a fishery licence if the Secretary considers that— (a) the applicant does not satisfy the relevant eligibility criteria, if any; or (b) the issue of the fishery licence would be inconsistent with any regulations, Order in Council, fisheries notice, management plan or Ministerial direction; or S. 51(4)(c) substituted by No. 35/2009 s. 58(2). (c) the applicant has not satisfied the Secretary that he or she is a fit and proper person to hold the fishery licence; or (d) the issue of the fishery licence would be inconsistent with an intergovernmental agreement or arrangement; or (e) any other ground prescribed for the purposes of this subsection applies.
S. 56 (Heading) inserted by No. 35/2009 s. 60(1). S. 56 substituted by No. 5/1997 s. 9. 56 Transfer of licences (1) This section applies to a fishery licence that is transferable. (2) The holder of the licence or a registered financial interest in the licence may, together with the proposed transferee, apply to the Secretary for the transfer of the licence to the transferee in accordance with the regulations. S. 56(3) amended by No. 35/2009 s. 60(2). (3) The Secretary must grant an application for the transfer of the licence if— S. 56(3)(a) amended by No. 35/2009 s. 60(3)(a). (a) the proposed transferee has satisfied the Secretary that he or she is a fit and proper person to hold the licence and satisfies any relevant eligibility criteria; and S. 56(3)(b) amended by No. 35/2009 s. 60(3)(b). (b) the Secretary is satisfied that the licence is not subject to any action under sections 57 or 58; and S. 56(3)(c) amended by No. 35/2009 s. 60(3)(c). (c) in the case of a licence to be transferred by the holder of the licence, the Secretary is satisfied that the holders of any registered financial interests in the licence consent to the transfer of the licence; and S. 56(3)(d) amended by No. 35/2009 s. 60(3)(d). (d) in the case of a licence to be transferred by the holder of a registered financial interest, the Secretary is satisfied that— (i) the holder of the licence was, within 7 days of the Secretary receiving the application, given notice by the Secretary of the application to transfer the licence; and (ii) any other holders of a registered financial interest in the licence consent to the transfer.
S. 64 substituted by Nos 5/1997 s. 9, 80/2000 s. 9. 64 Initial quota order (1) The Minister may, by order published in the Government Gazette— (a) declare that the whole, or a specified zone or zones, of a fishery is to be managed by the allocation of quotas; (b) determine the method for setting the number of individual quota units for the quota fishery; (c) determine the method for allocating individual quotas to each access licence issued in respect of the quota fishery; (d) declare that individual quota units in the quota fishery may be transferred— (i) permanently; or (ii) for a quota period only; (e) set the minimum and maximum number of individual quota units that may be acquired or held by each licence holder; (f) determine the circumstances, if any, in which the individual quotas can be exceeded or carried over (other than by transfer). (2) The Minister may revoke or amend an order at any time by order published in the Government Gazette. (3) However, if the Minister makes a declaration under subsection (1)(d)(i), the Minister may only amend that declaration or anything under subsection (1)(a), (b) or (c) if the amendment is required— (a) to give effect to the management plan for the quota fishery declared under section 28, or to any change to that plan; or
S. 88(2)(a) amended by No. 108/2003 s. 39(2)(a). (a) identify the area which is to constitute the fisheries reserve; and (b) specify the purpose of the fisheries reserve which must be consistent with the objectives of this Act, including one or more of the following— (i) spawning, hatching or nursery; (ii) critical habitat; (iii) aquaculture; (iv) harvesting; (v) management or monitoring; (vi) education, research or scientific; (vii) non-consumptive uses of fish or protected aquatic biota. (3) An Order in Council cannot be made under this section unless— S. 88(3)(a) repealed by No. 35/2009 s. 35. * * * * * S. 88(3)(b) substituted by No. 108/2003 s. 39(2)(b). (b) in the case of any Crown land under the Land Act 1958, the Minister has consulted with the Minister responsible for that land under that Act; and S. 88(3)(ba) inserted by No. 108/2003 s. 39(2)(b). (ba) in the case of any land reserved under section 4 of the Crown Land (Reserves) Act 1978, the Minister has consulted with the Minister responsible for that land under that Act; and (c) the Minister has published a notice of intention to declare the fisheries reserve in a
(c) to prevent the concealment, loss or destruction of evidence relating to an offence; or (d) to prevent the fabrication of evidence in relation to an offence; or (e) to prevent the harassment of, or interference with, a potential witness in proceedings in respect of an offence. S. 101B(3) amended by No. 37/2014 s. 10(Sch. item 65.6(b)). (3) The authorised officer or police officer may ask any other person to assist him or her to arrest an alleged offender, and that other person may assist in the arrest. (4) If an alleged offender is arrested under this section in respect of a summary offence, he or she may only be detained for so long as the reason for the arrest under subsection (2) continues. The person detaining the alleged offender must release the alleged offender as soon as the reason ceases to exist, regardless of whether or not the alleged offender has been charged with the offence. Note Division 1(30A) of Part III of the Crimes Act 1958 sets out the procedure that is to be followed by an authorised officer after an arrest under this Division. S. 101C inserted by No. 108/2003 s. 9, amended by No. 37/2014 s. 10(Sch. item 65.7). 101C Power to arrest person in breach of an order An authorised officer or a police officer may without warrant arrest a person who the authorised officer or police officer suspects is breaching, or has just breached, an order imposed on the person under section 130, 130A or 130B. S. 101D inserted by No. 108/2003 s. 9. 101D Arrest on reasonable grounds not to be taken to be unlawful An arrest under section 101B or 101C does not cease to be lawful merely because it subsequently appears, or is found, that the person arrested did
in evidence against the person in any criminal or civil proceeding, or in any proceeding for the imposition of a penalty, against the person, other than in a proceeding for an offence under section 111(1)(f). S. 102(7) amended by No. 37/2014 s. 10(Sch. item 65.11(b)(i)). (7) An authorised officer or police officer may require the holder of a licence or permit to produce the licence or permit for inspection on demand either— (a) immediately; or S. 102(7)(b) amended by No. 37/2014 s. 10(Sch. item 65.11(b)(ii)). (b) if the holder does not have the licence or permit in his or her possession, at a time within 7 days of the demand and a place stipulated by the authorised officer or police officer. 4 penalty units. S. 102(8) amended by No. 37/2014 s. 10(Sch. item 65.11(c)). (8) If an authorised officer or a police officer directs a person to produce a licence or permit at a subsequent time and place, it is a sufficient compliance with the direction if the person sends by post to the authorised officer or police officer within 7 days after first returning to his or her place of residence after the demand is made, the licence or permit and a stamped addressed envelope for the return of the licence or permit. S. 102(9) amended by No. 37/2014 s. 10(Sch. item 65.11(d)). (9) The statement on oath of an authorised officer or a police officer that the holder of a licence or permit failed to produce on demand on a specified day the licence or permit and, having been directed to produce the licence or permit to the authorised officer or police officer within 7 days thereafter, failed to produce or to send by post the licence or permit, is evidence until the contrary is proven, that the person was not the holder of a licence or permit under the Act on that specified day.
(2) A magistrate may only issue the warrant if he or she is satisfied by information on oath that there are reasonable grounds for suspecting— S. 103(2)(a) amended by No. 69/2004 s. 6(1)(c). (a) that an offence against this Act, a regulation or a fisheries notice has occurred or is occurring or is about to occur at the land or premises; or S. 103(2)(b) amended by No. 69/2004 s. 6(1)(c). (b) that evidence of an offence against this Act, a regulation or a fisheries notice is present at the land or premises. S. 103(3) amended by Nos 108/2003 s. 10, 37/2014 s. 10(Sch. item 65.13(b)(i)). (3) The warrant authorises any authorised officer or police officer to— S. 103(3)(a) amended by No. 69/2004 s. 6(1)(c). (a) enter and search the land or premises specified in the warrant; S. 103(3)(b) amended by No. 5/1997 s. 50(1)(p), substituted by No. 69/2004 s. 6(2), amended by No. 37/2014 s. 10(Sch. item 65.13(b)(ii)). (b) seize any evidence of an offence against any law or any thing used in connection with such an offence (including boats, trailers, aircraft, motor vehicles, non-motorised vehicles, communications equipment, viewing or scanning devices, fishing equipment, diving equipment, processing equipment, tools, electronic equipment, office equipment, provisions, materials, fish, protected aquatic biota, noxious aquatic species, and documents) found on the land or premises and anything that the authorised officer or police officer believes, on reasonable grounds, may be evidence of an offence against this Act, a regulation or a fisheries notice;
or she was required by this Act to give the information. S. 110 (Heading) inserted by No. 17/2002 s. 23(1). 110 Hot pursuit of persons and boats beyond Victorian waters S. 110(1) amended by Nos 17/2002 s. 23(2), 37/2014 s. 10(Sch. item 65.22(a)(i)). (1) An authorised officer or police officer may exercise with respect to a person or boat at a place at sea outside Victorian waters (but not within the territorial sea of another country) a power conferred on an authorised officer or police officer by this Part if— S. 110(1)(a) amended by No. 37/2014 s. 10(Sch. item 65.22(a)(ii)). (a) one or more authorised officers or police officers (whether or not including the authorised officer or police officer exercising the power) have pursued the person or boat from a place within those waters to the place; and S. 110(1)(b) amended by No. 37/2014 s. 10(Sch. item 65.22(a)(i)). (b) the pursuit was not stopped or interrupted at any time before the authorised officer or police officer concerned arrived at the place for the purpose of exercising the power. S. 110(2) amended by No. 37/2014 s. 10(Sch. item 65.22(b)). (2) For the purposes of this section, a pursuit of a person or boat is taken not to have stopped or to have been interrupted only because the authorised officer or officers or police officer or police officers concerned have temporarily lost sight of the person or boat. (3) A reference in this section to having lost sight of a person or boat includes losing output from a radar or other sensing device.
(a) to extend the period of validity of the authority; (b) to authorise additional or alternative persons to engage in controlled conduct for the purposes of the operation; (c) to authorise participants in the operation to engage in additional or alternative controlled conduct; (d) to identify additional suspects (to the extent known). (2) More than one application for a variation may be made in respect of the same authority, but no single variation may extend the period of validity of an authority for more than 3 months at a time. (3) An application for a variation of authority must be in writing signed by the applicant. (4) The Secretary may require the applicant to furnish such information concerning the proposed variation as is necessary for the Secretary's proper consideration of the application. S. 131I inserted by No. 16/2004 s. 49. 131I Determination of application to vary authority (1) After considering an application for a variation of authority, and any additional information furnished under section 131H(4), the Secretary— (a) may vary the authority in accordance with the application; or (b) may refuse the application. (2) Section 131E applies to an application for a variation of authority under this section in the same way as it applies to an application for authority under section 131C. S. 131J inserted by No. 16/2004 s. 49. 131J Form of variation of authority A variation of authority must—
(3) Despite any Act (other than the Charter of Human Rights and Responsibilities) or law to the contrary, the State of Victoria is not liable in any other way for any loss, damage or injury whatsoever resulting from or arising out of the restriction on the use of any fishing net in Western Port under subsection (1). (4) Any amount determined by the Treasurer and the Minister under this section must be paid out of the Consolidated Fund (which is, by this subsection, appropriated to the necessary extent). (5) In this section— Western Port means all of the waters of the bay known as Western Port which lie north of a line bearing 53° east from Cape Woolamai to the opposite shore and a line running directly from West Head at Flinders to the southern most point of Point Grant on Phillip Island; Westernport/Port Phillip Bay Fishery Access Licence means the class of access licence referred to in regulation 201 of the Fisheries Regulations 1998. Pt 8 Div. 5 (Heading and ss inserted by No. 64/2015 s. 5. Division 5—Restriction against commercial net fishing in Port Phillip Bay S. 153D inserted by No. 64/2015 s. 5. 153D Definitions for this Division In this Division— Corio Bay means any of the waters of Port Phillip Bay west of longitude 144°30'; election year means a 12 month period commencing on 1 April;
(a) Bait (General) Fishery Access Licence; (b) Corner Inlet Fishery Access Licence; (c) Ocean Fishery Access Licence; (d) (Mussel Bait) Fishery Access Licence; (e) Purse Seine (Ocean) Fishery Access Licence; (f) Purse Seine () Fishery Access Licence; (g) Scallop (Ocean) Fishery Access Licence; (h) Trawl (Inshore) Fishery Access Licence; (i) Westernport/Port Fishery Access Licence; (j) Wrasse (Ocean) Fishery Access Licence; Table 1 means Table 1 set out in subsection (2); Table 2 means Table 2 set out in subsection (3); S. 164(1) def. of trading vessel amended by No. 65/2010 s. 420(Sch. 3 item 7). trading vessel has the same meaning as in section 3(1) of the Marine Safety Act 2010; Tribunal means the Compensation Appeals Tribunal established under section 190(1); unregulated land has the same meaning as in section 45A(12) of the National Parks Act 1975. (2) Table 1 has effect for the purposes of this Part— TABLE 1 Table setting out, in relation to parks and sanctuaries, the periods of time for which there are compensation
entitlements for eligible rock lobster access licence holders and eligible specified access licence holders Items Column 1 Names of Parks and Sanctuaries Column 2 Parts and Schedule Numbers of National Parks Act 1975 Column 3 Compensable Years 1. Ninety Part 1 of Schedule Seven Part 3 of Schedule Seven Part 6 of Schedule Seven Part 7 of Schedule Seven 16 November 2002 to 31 March 2003 1 April 2003 to 31 March 2004 Items Column 1 Names of Parks and Sanctuaries Column 2 Parts and Schedule Numbers of National Parks Act 1975 Column 3 Compensable Years Beware Reef Marine Sanctuary Marengo Reefs Marine Sanctuary The Arches Marine Sanctuary Part 8 of Schedule Seven Part 9 of Schedule Seven Part 10 of Schedule Seven Part 12 of Schedule Seven Part 13 of Schedule Seven Part 2 of Schedule Eight Part 5 of Schedule Eight Part 11 of Schedule Eight 2. All marine Parts 1 to 13 of 1 April 2004
national parks Beware Reef Marine Sanctuary Schedule Seven Part 2 of Schedule Eight to 31 March 2005 1 April 2005 to 31 March 2006 Items Column 1 Names of Parks and Sanctuaries Column 2 Parts and Schedule Numbers of National Parks Act 1975 Column 3 Compensable Years Marengo Reefs Marine Sanctuary The Arches Marine Sanctuary Unregulated land in Point Cooke Marine Sanctuary Part 5 of Schedule Eight Part 11 of Schedule Eight Part 8 of Schedule Eight, to the extent that it is unregulated land 3. Twelve Unregulated land in Point Cooke Marine Sanctuary Part 2 of Schedule Seven Part 4 of Schedule Seven Part 5 of Schedule Seven Part 11 of Schedule Seven Part 8 of Schedule Eight, to the extent that it is unregulated land 1 April 2006 to 31 March 2007
(3) Table 2 has effect for the purposes of this Part— TABLE 2 Table setting out, in relation to parks, the periods of time for which there are compensation entitlements for eligible charter boat operators Items Column 1 Names of Parks Column 2 Parts and Schedule Numbers of National Parks Act 1975 Column 3 Prescribed Years 1. Ninety Part 1 of Schedule Seven Part 3 of Schedule Seven Part 6 of Schedule Seven Part 7 of Schedule Seven Part 8 of Schedule Seven 16 November 2002 to 15 November 2003 16 November 2003 to 15 November 2004 16 November 2004 to 15 November 2005 Part 9 of Schedule Seven Part 10 of Schedule Seven Part 12 of Schedule Seven Part 13 of Schedule Seven Items Column 1 Names of Column 2 Parts and Schedule Numbers of National Parks Column 3 Prescribed
Parks Act 1975 Years 2. Part 2 of Schedule Seven Part 4 of Schedule Seven Part 5 of Schedule Seven 1 April 2004 to 31 March 2005 1 April 2005 to 31 March 2006 1 April 2006 to 31 March 2007 Twelve Part 11 of Schedule Seven S. 165 inserted by No. 40/2002 s. 27. 165 Compensation only payable to licence holders and permit holders as provided in this Part (1) Except as provided in this Part, compensation is not payable by the State of to a person who is, or has been at any time, the holder of— (a) a fishery licence; or (b) a general permit under section 49— for any loss, damage or injury whatsoever resulting from or arising out of— S. 165(1)(c) amended by No. 97/2003 s. 11(a). (c) the enactment of the National Parks (Marine National Parks and Marine Sanctuaries) Act 2002 or the Forests and National Parks Acts (Amendment) Act 2003; or S. 165(1)(d) amended by No. 97/2003 s. 11(b)(i)(ii). (d) the existence of any marine national park or marine sanctuary (within the meaning of the National Parks Act 1975) as effected by the operation of the National Parks (Marine National Parks and Marine Sanctuaries)
as if it were a determination of the Court under this Part. Division 4—Determinations S. 210 inserted by No. 108/2003 s. 47. 210 Determination of claim (1) On an application or referral of a disputed claim under this Part, the Tribunal or Court is to determine the amount of compensation in accordance with this Act to be paid in respect of the claim and may make any orders necessary to give effect to that determination. S. 210(2) amended by No. 62/2014 s. 14. (2) An appeal to the Court of Appeal from a determination or an order made by the Court under this section lies only on a question of law and with leave of the Court of Appeal. S. 211 inserted by No. 108/2003 s. 47. 211 Principles to be applied in determining compensation In determining the compensation payable, the Tribunal or the Court is not bound by the exercise of any discretion of the Secretary or by any opinion or determination of the Secretary, but must determine the compensation payable in the particular circumstances of the case having regard to the provisions of this Act. S. 212 inserted by No. 108/2003 s. 47. 212 Costs (1) In any proceedings under this Part, the Tribunal or the Court (as the case requires) may award such costs as it thinks proper but in making an order for costs must, if the Tribunal or Court considers it appropriate to do so, take into consideration— (a) the amount of compensation awarded by the Tribunal or Court as compared with the amount (if any) offered by the Secretary; and