• Specific Year
    Any

STATE DEVELOPMENT AND PUBLIC WORKS ORGANISATION ACT 1971 - SECT 151 Rectification of damage by investigator

STATE DEVELOPMENT AND PUBLIC WORKS ORGANISATION ACT 1971 - SECT 151

Rectification of damage by investigator

151 Rectification of damage by investigator

(1) The owner of the land may, by written notice given to the investigator, require the investigator, within a reasonable time after the investigator has finished investigating the land under the authority, to rectify loss or damage suffered by the owner arising out of—
(a) the entry onto the land; or
(b) any use made of the land; or
(c) anything brought onto the land; or
(d) anything done or left on the land in connection with the investigator’s authority.
(2) If the loss or damage mentioned in subsection (1) is not rectified or can not be rectified, the owner of the land may, by written notice given to the investigator, claim compensation for the loss or damage not rectified.
(3) A notice under subsection (1) or (2) must be given—
(a) within 1 year after the loss or damage happened; or
(b) at a later time allowed by the Land Court.
(4) The claim for compensation may be made—
(a) whether or not the act or omission giving rise to the claim was authorised under the authority; and
(b) whether or not the investigator took steps to prevent the loss or damage; and
(c) even though the loss or damage was caused, or contributed to, by an associated person.