Making an application for compensation
Making an application for compensation
Making an application for compensation in accordance with section 21 of the Marine Parks Act 2007 and the Marine Parks (Statutory Authorisation Compensation) Regulations 2015
Applications must be made in writing and:
- include your contact details – residential/registered address, fax number or email;
- identify your statutory authorisation;
- identify the relevant zone(s) or temporary prohibition or restriction to which the application relates;
- include details of how, and the extent to which, the rights granted by your authorisation have been affected;
- specify the amount of compensation claimed;
- include details of a bank or similar account (ADI – authorised deposit taking institution) into which any payment of compensation could be made; and
- include supporting evidence to justify the amount claimed.
The Minister may, by written notice, request that further information, documents or records be provided for the purpose of determining the application.
- The application is received by the Minister. The applicant will receive a confirmation of receipt.
- The Minister may request additional information before the application is assessed. If a reply to this request is not received within 28 days (or such longer period as the Minister may allow), the application will be considered in the absence of the requested information.
- The Minister must determine if any rights conferred by the statutory authorisation held by the applicant are affected.
- If the Minister determines any rights are affected, the Minister must then determine if compulsory acquisition is the appropriate course of action.
- If compulsory acquisition is to occur, the Regulations provide that the Minster must provide notice of this determination (Regulation 5(5)). A further notice of acquisition is to be provided together with details of the Minister‘s determination of compensation and the date on which the acquisition will take effect (Regulation 8).
- If rights are affected, but compulsory acquisition is not appropriate, the Minister will determine the appropriate amount of fair and reasonable compensation.
- The Minister may receive advice from an advisory panel in relation to the amount of compensation to be paid in respect of the affected rights or compulsory acquisition (as the case may require).
- The Minister will consider any advice provided by an advisory panel and provide a final determination to the applicant.
- The Minister will arrange for the payment of the fair and reasonable compensation at the time the determination is provided or, in the case of compulsory acquisition on the date specified in the notice for the acquisition to occur. The compensation will be paid into the account detailed in the application for compensation.
- If the application is refused, the reasons for the refusal will be provided.
Review and Appeal process
- The applicant may apply to the Minister to review the determination in relation to the payment of compensation within 21 days of receiving a written notice under Regulation 8.
- The application for review must be in writing and set out the grounds on which a review is sought.
- The Minister may require further information, documents or records to be provided for the purpose of determining the review.
- On a review, the Minister may affirm, vary or reverse the initial determination.
- If the applicant remains dissatisfied with the determination following the review, an appeal may be made to the Environment, Resources and Development Court. The appeal must be made within 21 days of receipt of the notice of the review decision.
Please be advised that section 54 of the Marine Parks Act 2007 establishes penalties of up to $20,000 or two years’ imprisonment for the provision of false or misleading information.
Applications should be sent to:
Department for Environment and Water
Marine Parks Compensation Application
GPO Box 1047
ADELAIDE SA 5001