42Compensation for certain matters

#### 42 Compensation for certain matters Where: (a) any prescribed substance is or any minerals are acquired by the Commonwealth by virtue of Part II or this Part; or (b) a person suffers loss or damage by reason of anything done in pursuance of section 41 or 41CA; the Commonwealth is liable to pay to a person who had a right, title or interest in the prescribed substance or minerals, or to the person who has suffered the loss or damage, as the case may be, such compensation as is agreed on between the Commonwealth and that person or, in default of agreement, is determined by action against the Commonwealth in a court of competent jurisdiction.