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Telecommunications and Other Legislation Amendment (Protection of Submarine Cables and Other Measures) Bill 2005
Schedule 2 Other measures

   

Telecommunications Act 1 997

1  Clause 2 of Schedule 3 (definition of environment )

Repeal the definition, substitute:

environment has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999 .

2  At the end of Schedule 3

Add:

Part 3 Compensation for acquisition of property

   

62   Compensation for acquisition of property

             (1)  If:

                     (a)  either of the following would result in an acquisition of property from a person:

                              (i)  anything done by a carrier under, or because of, this Schedule;

                             (ii)  the existence of rights conferred on a carrier under, or because of, this Schedule in relation to a building, structure or facility owned or operated by the carrier; and

                     (b)  the acquisition of property would not be valid, apart from this clause, because a particular person had not been compensated;

the carrier must pay that person:

                     (c)  a reasonable amount of compensation agreed on between the person and the carrier; or

                     (d)  failing agreement—a reasonable amount of compensation determined by a court of competent jurisdiction.

             (2)  In assessing compensation payable under this clause arising out of an event, the following must be taken into account:

                     (a)  any compensation obtained by the person as a result of an agreement between the person and the carrier otherwise than under this clause but arising out of the same event;

                     (b)  any damages or compensation recovered by the person from the carrier, or other remedy given, in a proceeding begun otherwise than under this clause but arising out of the same event.

             (3)  This clause does not limit the operation of clause 42.

             (4)  In this clause:

acquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution.

63   Application of this Part

                   This Part applies in relation to:

                     (a)  anything done by a carrier under, or because of, this Schedule after the commencement of Schedule 2 to the Telecommunications and Other Legislation Amendment (Protection of Submarine Cables and Other Measures) Act 2005 ; and

                     (b)  the existence of rights:

                              (i)  in relation to a building, structure or facility owned or operated by a carrier; and

                             (ii)  that are conferred on a carrier under, or because of, this Schedule on or after the commencement of Schedule 2 to the Telecommunications and Other Legislation Amendment (Protection of Submarine Cables and Other Measures) Act 2005 .