New South Wales Consolidated Acts

ACCESS TO NEIGHBOURING LAND ACT 2000 - SECT 26

26 Compensation

(1) A Local Court may order that a person to whom an access order is granted pay compensation to the owner of the land to which access is granted for loss, damage or injury, including damage to personal property, financial loss and personal injury arising from the access.

(2) Compensation is not payable under this section for loss of privacy or inconvenience suffered by the owner solely as a result of access authorised by the access order or solely because of the making of the order.

(3) An order for compensation may be made at any time and may be made whether or not the access order is in force.

(4) An action for an order for compensation may not be brought more than 3 years after the last date on which access occurred under the order.

(5) Any such order is enforceable as if it were a judgment for that amount by a Local Court exercising jurisdiction under the Civil Procedure Act 2005 .