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clock Created with Sketch. 17/06/18
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Originally posted by Liberty2K
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Damn it, that's not good news for us. If these four paragraphs from the article are correct and adhered to, we won't be getting any compensation at all or the go ahead to resume any conventional or unconventional drilling.26 and a plethora of constitutional case law,27 it is clear that the state parliament has the capacity to enact legislation which affects rights or liabilities retrospectively. While there is a presumption against such legislation operating retrospectively, the presumption is “at best . . . a weak presumption”, rebuttable by clear and express words indicating the intent for the retrospective operation of the legislation.28 Such words are inserted into both the MRSDA and the Petroleum Act by ss7 and 11 of the Act:29 30 Further, the Victorian parliament has power to make laws in and for Victoria “in all cases whatsoever” and is not constrained by the constitutional limitations applicable to the power of the federal parliament.31
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Drilling sounds like it could be awarded ?Legal commentary
(20min delay)
