Commonwealth Numbered Acts

AUSTRALIAN NATIONAL RAILWAYS COMMISSION ACT 1983 No. 140 of 1983 - SECT 17

17. (1) The Commission shall take all reasonable steps to ensure that, in
exercising its powers under sections 15 and 16, it causes as little detriment
and inconvenience, and does as little damage, as is practicable.

(2) Where the owner or occupier of land suffers loss or damage by reason of
the exercise in relation to the land of any of the Commission's powers under
section 15 or 16, the Commission is liable to pay him such compensation as is
agreed upon between them or, in the absence of agreement, such compensation as
is determined by a court of competent jurisdiction.

(3) Compensation under sub-section (2) shall include compensation in respect
of -

   (a)  damage of a temporary character as well as of a permanent character;
and

   (b)  the taking of sand, clay, stone, earth, gravel, timber, wood, water
        and
other materials or things.

(4) In this section -

"court of competent jurisdiction", in relation to the owner or occupier of
land, means -

   (a)  the Supreme Court of the State or Territory in which the land
is situated; or

   (b)  a County Court, District Court, Local Court or other court of a
State or Territory presided over by a Judge or Magistrate, being
a court that has jurisdiction -

        (i)    in actions for the recovery of debts up to an amount not
less than the amount of compensation claimed by the
owner or occupier of the land; and

        (ii)   in respect of the locality in which the land, or part of the
land, is situated;

"owner", in relation to land, means a person who -

   (a)  owns any legal or equitable estate in the land;

   (b)  has any legal or equitable interest in the land; or

   (c)  has any right, power or privilege over, or in connection with,
the land.