Victorian Consolidated Legislation

Conservation, Forests and Lands Act 1987 - SECT 98

Action for damages

98. Action for damages



(1) If because of a person's contravention of a relevant law-

   (a)  the Secretary incurs charges costs or expenses; or

   (b)  property is lost damaged or destroyed-

the Secretary may recover from that person in a court of competent
jurisdiction damages for that contravention.

(2) If in relation to property mentioned in sub-section (3)(b), (c), (d), (e),
(f) or (g) the Secretary would, if the Secretary owned or occupied the
property, have an action for damages or be able to obtain other relief at law
or in equity the Secretary may, on behalf of the Crown, recover those damages
or obtain that relief by action in a court of competent jurisdiction.

(3) In sub-section (1) "property" includes any of the following-

   (a)  property of the Secretary;





   (b)  crown land;

   (c)  any natural feature on Crown land;

   (d)  any road structure improvement facility or thing on Crown land;

   (e)  forest produce;

   (f)  wildlife within the meaning of the Wildlife Act 1975;

   (g)  fish or protected aquatic biota within the meaning of the
        Fisheries Act 1995.



(4) The Secretary may bring an action under sub-section (1) or (2) whether or
not the person has been charged with an offence in respect of the
contravention of a relevant law.

(5) In proceedings under this section relating to property lost damaged or
destroyed a court may award damages (not exceeding the value of the property
lost damaged or destroyed) which it considers appropriate.

(6) In proceedings under this section in relation to charges, costs and
expenses incurred, a court may award damages (not exceeding the amount so
incurred) which it considers appropriate.

(7) The Secretary may recover damages in proceedings under this section even
though the Secretary has suffered no actual loss or damage.

(8) In proceedings under this section-

   (a)  if the property is forest produce, a statement in a certificate under
        the seal of the Secretary as to the amount which the Secretary
        considers would have been payable by way of royalty if the
        forest produce had been taken in accordance with a licence granted
        under a relevant law is evidence that the value of the forest produce
        is the amount specified in the statement; and





   (b)  in any other case, a statement in a certificate under the seal of the
        Secretary as to the value which the Secretary considers to be the
        value of property or as to the amount of charges, costs or expenses
        incurred is evidence that the value of the property or amount is as
        stated in the certificate.

(9) If the Secretary seeks damages in respect of charges, costs or expenses
incurred by the Secretary any damages awarded by the court must not exceed the
amount of those charges, costs and expenses.

(10) Nothing in this section affects the Secretary's right to apply for and
obtain an order for compensation in accordance with section 97 in so far as
the claim is not satisfied by recovery of damages under this section.

(11) Nothing in this section affects any right of action which the Secretary
or any person has to recover damages.

(12) This section also applies to freehold land, managed land and vested land
within the meaning of the Victorian Plantations Corporation Act 1993 as if it
referred to the Victorian Plantations Corporation instead of the Secretary.