(1) This section applies if a person (the
"responsible person" ) who, under this Act, must comply with an environmental
requirement, enters, or authorises someone else to enter, land to which the
requirement relates to comply with the requirement.
(b) work conducted in relation to the land to comply, or purport to
comply, with the environmental requirement.
(3) However, compensation is not
payable under subsection (2) (b) if the work was conducted by someone other
than the responsible person and the responsible person did not authorise the
other person to conduct the work.
(a) the plantation licensee or plantation
sublicensee, as defined under that Act, for the licence area is an occupier of
the land for the purposes of this section; and
(b) compensation is payable as
provided under this section to the plantation licensee or plantation
sublicensee as occupier of the licence area and the State as owner of the
State forest of which the licence area forms part in the proportions decided
by a court of competent jurisdiction.
(4) The compensation may be claimed and
ordered in a proceeding brought in a court of competent jurisdiction,
including, for example, in an application under any of the following
provisions to which the responsible person and the owner or occupier are
parties—
(5) A
court may order the payment of the compensation only if it is satisfied it is
just to make the order in the circumstances of the particular case.
(6) In
this section—
"compensatable effect" means all or any of the following in relation to the
land—
(a) deprivation of possession of its surface;
(b) diminution of its
value;
(c) diminution of the use made, or that may be made, of the land or
any improvement on it;
(d) severance of any part of the land from other parts
of the land or from other land that the owner or occupier owns;
(e) any other
cost or loss arising from the work.
"enter" includes an entry with the consent of the owner or occupier.
"owner" includes—
(a) for land under the Land Act 1994for which there are
trustees—the trustees; or
(d)
for a conservation park or resources reserve under the
Nature Conservation Act 1992(the
"NCA" ) for which there are trustees—
(i) if, under the NCA, the park or
reserve has trustees whose powers are not restricted—the trustees; or
(ii)
otherwise—the chief executive of the department in which the NCA is
administered; or
(e) the State, for land that is any of the following—
(i)
unallocated State land;
(ii) a reserve under the Land Act 1994for which
there is no trustee;
(iii) a national park (scientific), national park,
national park (Aboriginal land), national park (Torres Strait Islander land)
or forest reserve under the NCA;