HERITAGE ACT 2004 - SECT 98 Compensation for exercise of enforcement powers

HERITAGE ACT 2004 - SECT 98

    (1)     A person may claim compensation from the Territory if the person suffers loss or expense because of the exercise, or purported exercise, of a function under this part by—

        (a)     the council; or

        (b)     an authorised person; or

        (c)     a person assisting an authorised person.

    (2)     Compensation may be claimed and ordered in a proceeding for—

        (a)     compensation brought in a court of competent jurisdiction; or

        (b)     an offence against this Act brought against the person making the claim for compensation.

    (3)     A court may order the payment of reasonable compensation for the loss or expense only if it is satisfied it is just to make the order in the circumstances of the particular case.

    (4)     The regulations may prescribe matters that may, must or must not be taken into account by the court in considering whether it is just to make the order.