Commonwealth Numbered Acts

LEMONTHYME AND SOUTHERN FORESTS (COMMISSION OF INQUIRY) ACT 1987 No. 13 of 1987 - SECT 19

19. (1) Where:

   (a)  a person refrains from doing an act, being an act of a kind made
        unlawful by subsection 16 (1), by reason only that:

        (i)    the act is made unlawful by that subsection; or

        (ii)   an injunction or interim injunction is granted under section 17
               restraining the person from doing the act; and

   (b)  because the person refrains from doing the act, the person suffers
        loss or damage; the Commonwealth is liable to pay compensation to the
        person in respect of the loss or damage.

(2) Where the owner of any part of the protected area suffers loss or damage
because another person refrains, as mentioned in paragraph (1) (a), from
doing, in that part of the protected area, an act of a kind referred to in
that paragraph, the Commonwealth is liable to pay compensation to the owner in
respect of that loss or damage.

(3) Where, but for this subsection, the operation of this Part would result in
the acquisition of property from a person otherwise than on just terms, the
Commonwealth is liable to pay compensation to the person in respect of
acquisition.

(4) The amount of compensation payable to a person under this section is such
reasonable amount as is agreed upon between the person and the Commonwealth
or, failing agreement, as is determined by the Federal Court.