8Payment of compensation for certain losses

8 Payment of compensation for certain losses

(1)  A proponent, or a person acting on behalf of a proponent, must not –

(a) in the exercise of any rights under an authority under section 7(1) ; or

(b) by an act or omission on land to which an authority under section 7(1) relates –

cause a person to suffer, or to be likely to suffer, compensable loss.

(2)  A person who suffers, or is likely to suffer, compensable loss because of a breach of subsection (1) by a proponent or a person acting on behalf of a proponent is entitled to receive from the proponent an amount of compensation sufficient to compensate the person for the compensable loss.

(3)  A person to whom an amount of compensation is payable in accordance with subsection (2) may claim the amount in a court of competent jurisdiction.

(4)  A reference in this section to an amount of compensation sufficient to compensate a person for compensable loss does not include so much of the amount as has been incurred, or is likely to be incurred, by a failure of the person to mitigate the loss.