Western Australian Consolidated Acts Western Australian Consolidated Acts (1) In the exercise of
the Minister’s or the Corporation’s powers of entry on to land or
to carry out works under this Act or any relevant Act, except where the Act or
an agreement relating to the exercise of the power otherwise provides, the
Minister or the Corporation shall, in so far as that is practicable, forthwith
make good or pay for the making good of, and, in so far as the making good is
not practicable pay compensation for, the physical damage done to that land,
or any premises or thing on that land, by the Minister or the Corporation in
the course and at the time of, and the proximate cause of which is, the
exercise or purported exercise of such a power, whether that damage is of a
temporary character or a permanent character.
(2) Any dispute as to
the manner of making good of, or the amount of any payment in respect of,
damage under subsection (1), shall be referred to the State
Administrative Tribunal and dealt with as if it had come before the Tribunal
under Part 10 of the Land Administration Act 1997 .
(3) The Crown or the
Corporation shall not be liable to pay to any person any amount in respect of
damage under subsection (1) unless —
(a)
within 3 months after the damage is sustained, or within such further
period as the Minister may allow, the person delivers in writing to the
Minister or the Corporation a claim, or notice of intention to make a claim,
for such amount; and
(b)
where there is no agreement with the Minister or the Corporation on the claim
within 12 months after delivery of the claim or the notice, the person,
within that time, brings an action against the Crown or the Corporation to
establish the requirement for, and entitlement to, payment.
(4) In calculating the
amount payable under this section regard shall be had to any compensation
received for the damage by the claimant pursuant to any other Act, and the
amount payable under this section shall be adjusted accordingly.
(5) In calculating
compensation payable under any other Act regard shall be had to any amount
received for the damage by the claimant pursuant to this section, and the body
or court so calculating is hereby authorised to take such amount, if any, into
account.
[Section 62 amended by No. 25 of 1985
s. 14; No. 73 of 1995 s. 42; No. 31 of 1997
s. 137(2); No. 55 of 2004 s. 571; No. 38 of 2007 s. 111
and 135.]