South Australian Consolidated Acts South Australian Consolidated Acts49—Claims for compensation from Fund
(1) The following
persons may claim compensation under this Part:
(a) an
owner of livestock certified by an inspector—
(i)
as having died of a declared exotic disease; and
(ii)
as being livestock that would have, had they not died,
been destroyed for the purposes of controlling or eradicating a
declared exotic disease during a declared period; or
(b) an
owner of livestock or other property destroyed in accordance with a notice or
order issued under Part 4 Division 4, or by action taken or caused to be taken
by an inspector under Part 4 Division 4, for the purposes of controlling or
eradicating a declared exotic disease during a declared period.
(2) The amount of
compensation that may be claimed is—
(a) in
the case of livestock that were, immediately before their death or destruction
during a declared period, pastured or kept on the same holding—
(i)
the total value of the livestock immediately before the
earliest of—
(A) the date on which the existence or
suspected existence of the exotic disease in livestock pastured or kept on the
holding was first reported to an inspector or veterinary surgeon; or
(B) the date on which an inspector first
suspected or found livestock pastured or kept on the holding to be affected
with the exotic disease; or
(C) the date on which restrictions
prohibiting livestock being moved from or to the holding were imposed under
Part 4 Division 4 for the purposes of controlling or eradicating the
exotic disease; or
(ii)
the total value of the livestock on the date at which the
holding ceased to be subject to restrictions prohibiting restocking imposed
under Part 4 Division 4 for the purposes of controlling or eradicating the
exotic disease;
(b) in
the case of other livestock—to be determined in a manner approved by the
Minister;
(c) in
the case of other property—the value of the property immediately before
destruction.
(3) Livestock or other
property is to be valued—
(a) as
if it had not been affected by the exotic disease; and
(b) in
the case of livestock or livestock products—having regard to the value
of comparable livestock or products at the nearest most recent markets selling
livestock or products of that kind, whether those markets are in the State or
in any other State or Territory of the Commonwealth; and
(c)
using a method of valuation determined by the Minister.
(4) Compensation may
not include any amount for loss of profit or production, loss arising from
breach of contract or other consequential loss.
(5) No further
compensation is payable by the Crown for any livestock or other property for
which compensation has been paid under this Part and no proceedings lie
against the Crown for compensation in respect of the death or destruction of
livestock or other property in connection with exotic disease other than under
this Part.
(6) In this
section—
"declared exotic disease" means an exotic disease declared by the Minister by
notice in the Gazette to be a declared exotic disease for the purposes of this
Part;
"declared period" means a period declared by the Minister by notice in the
Gazette to be a declared period in relation to a declared exotic disease for
the purposes of this Part, being a period that—
(a)
commences on a day specified in the notice; and
(b) ends
on a day specified in that notice or a subsequent notice in the Gazette;
"owner" of livestock or other property means a person who has (whether alone
or jointly or severally with others) title or an interest or right to or in
the livestock or other property, but does not include a mortgagee not in
possession.