17Commission to take steps to do as little damage as practicable

#### 17 Commission to take steps to do as little damage as practicable (1) The Commission shall take all reasonable steps to ensure that, in exercising its powers under sections 15 and 16, it causes as little detriment and inconvenience, and does as little damage, as is practicable. (2) Where the owner or occupier of land suffers loss or damage by reason of the exercise in relation to the land of any of the Commission’s powers under section 15 or 16, the Commission is liable to pay him such compensation as is agreed upon between them or, in the absence of agreement, such compensation as is determined by a court of competent jurisdiction. (3) Compensation under subsection (2) shall include compensation in respect of: (a) damage of a temporary character as well as of a permanent character; and (b) the taking of sand, clay, stone, earth, gravel, timber, wood, water and other materials or things. (4) In this section: > court of competent jurisdiction, in relation to the owner or occupier of land, means: (a) the Supreme Court of the State or Territory in which the land is situated; or (b) a County Court, District Court, Local Court or other court of a State or Territory presided over by a Judge or Magistrate, being a court that has jurisdiction: (i) in actions for the recovery of debts up to an amount not less than the amount of compensation claimed by the owner or occupier of the land; and (ii) in respect of the locality in which the land, or part of the land, is situated. > owner, in relation to land, means a person who: (a) owns any legal or equitable estate in the land; (b) has any legal or equitable interest in the land; or (c) has any right, power or privilege over, or in connection with, the land.