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.