100ICompensation

1. This section applies to a pest management plan.

2. Subsection (3) applies when—

3. a person owns—
   1. domesticated organisms infected by a pest to which a pest management plan applies; or
   2. domesticated organisms that are pest agents for a pest to which a pest management plan applies; or
   3. domesticated organisms whose feral or wild population is a pest to which a pest management plan applies; and
4. some or all of the organisms are necessarily destroyed in the course of implementing the plan; and
5. there are net proceeds available from the disposal of the organisms destroyed.

6. The net proceeds—

7. must be paid to the owner if the plan does not provide for the payment of compensation to the owner of organisms destroyed:
8. must be paid to the owner instead of compensation if the compensation payable to the owner under the plan is less than the proceeds:
9. must be retained by the management agency in any other case.

10. If there is a dispute about eligibility for, or the amount of, compensation,—

11. the dispute must be submitted to arbitration; and
12. the arbitration must be conducted under the Arbitration Act 1996.