Biodiscovery Act 2004
sec.89Notice of damage
Start here
Get a plain-English read of sec.89
Turn the raw legal text into a practical explanation grounded in Biodiscovery Act 2004.
sec.89 Notice of damage
This section applies if— an inspector damages property when exercising or purporting to exercise a power; or a person (the other person ) acting under the direction of an inspector damages property. The inspector must immediately give notice of particulars of the damage to the person who appears to the inspector to be the owner of the property. If the inspector believes the damage was caused by a latent defect in the property or circumstances beyond the inspector’s or other person’s control, the inspector may state the belief in the notice. If, for any reason, it is impracticable to comply with subsection (2) , the inspector must leave the notice in a conspicuous position and in a reasonably secure way where the damage happened. This section does not apply to damage the inspector reasonably believes is trivial. In subsection (2) — owner , of property, includes the person in possession or control of it. (sec.89-ssec.1) This section applies if— an inspector damages property when exercising or purporting to exercise a power; or a person (the other person ) acting under the direction of an inspector damages property. (sec.89-ssec.2) The inspector must immediately give notice of particulars of the damage to the person who appears to the inspector to be the owner of the property. (sec.89-ssec.3) If the inspector believes the damage was caused by a latent defect in the property or circumstances beyond the inspector’s or other person’s control, the inspector may state the belief in the notice. (sec.89-ssec.4) If, for any reason, it is impracticable to comply with subsection (2) , the inspector must leave the notice in a conspicuous position and in a reasonably secure way where the damage happened. (sec.89-ssec.5) This section does not apply to damage the inspector reasonably believes is trivial. (sec.89-ssec.6) In subsection (2) — owner , of property, includes the person in possession or control of it.
- (a) an inspector damages property when exercising or purporting to exercise a power; or
- (b) a person (the other person ) acting under the direction of an inspector damages property.