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WATER ACT 2000 - SECT 765 Compensation for damage

WATER ACT 2000 - SECT 765

Compensation for damage

765 Compensation for damage

(1) A person may claim compensation from the State if the person incurs loss or expense because of the exercise or purported exercise of a power under division 2 or 4 .
(2) Without limiting subsection (1) , compensation may be claimed for loss or expense incurred in complying with a requirement made of the person under the division.
(3) Compensation may be claimed and ordered to be paid in a proceeding—
(a) brought in a court with jurisdiction for the recovery of the amount of compensation claimed; or
(b) for an offence against this Act brought against the person claiming compensation.
(4) A court may order compensation to be paid only if it is satisfied it is just to make the order in the circumstances of the particular case.