Division 1―General Pt 8 Div. 1 (Heading) inserted by No. 6/2009 s. 29. 84A Application of this Division S. 84A inserted by No. 6/2009 This Division does not apply in any circumstances s. 29. in which Division 2 applies. 85 What compensation is payable for (1) Compensation is payable by the licensee to the S. 85(1) amended by owner or occupier of private land that is land No. 59/2010 affected for any loss or damage that has been or s. 46(1). will be sustained as a direct, natural and reasonable consequence of the approval of the work plan or the doing of work under the licence including— (a) deprivation of possession of the whole or any part of the surface of the land; and (b) damage to the surface of the land; and (c) damage to any improvements on the land; and (d) severance of the land from other land of the owner or occupier; and (e) loss of amenity, including recreation and conservation values; and (f) loss of opportunity to make any planned improvement on the land; and (g) any decrease in the market value of the S. 85(1)(g) amended by owner or occupier's interest in the land; and No. 82/2000 s. 57(1). (h) loss of opportunity to use tailings disposed S. 85(1)(h) inserted by of with the consent of the Minister under No. 82/2000 section 14(2). s. 57(1).
Pt 8 Div. 1 (Heading) inserted by No. 6/2009 s. 29. Division 1―General S. 84A inserted by No. 6/2009 s. 29. 84A Application of this Division This Division does not apply in any circumstances in which Division 2 applies. 85 What compensation is payable for S. 85(1) amended by No. 59/2010 s. 46(1). (1) Compensation is payable by the licensee to the owner or occupier of private land that is land affected for any loss or damage that has been or will be sustained as a direct, natural and reasonable consequence of the approval of the work plan or the doing of work under the licence including— (a) deprivation of possession of the whole or any part of the surface of the land; and (b) damage to the surface of the land; and (c) damage to any improvements on the land; and (d) severance of the land from other land of the owner or occupier; and (e) loss of amenity, including recreation and conservation values; and (f) loss of opportunity to make any planned improvement on the land; and S. 85(1)(g) amended by No. 82/2000 s. 57(1). (g) any decrease in the market value of the owner or occupier's interest in the land; and S. 85(1)(h) inserted by No. 82/2000 s. 57(1). (h) loss of opportunity to use tailings disposed of with the consent of the Minister under section 14(2).
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