7Types of compensation

#### 7 Types of compensation 7 Types of compensation > > (1) Compensation for subsidence damage A person is entitled to the following compensation— > > > > > (a) compensation for any damage to improvements or goods owned by the person that arises from subsidence, unless the subsidence is due to operations carried on by the owner of the improvements or goods or an affiliate of the owner, > > > > > (b) compensation to meet the reasonable and necessary expense incurred or to be incurred as a result of such damage, > > > > > (c) for a building, or part of a building, that is uninhabitable, under repair or under construction for a period because of subsidence damage— > > > > > > > (i) if the building or part is owned by the person and is leased to another person—reasonable compensation for the rent under the lease that would have been payable for the period, or > > > > > > > (ii) if the building or part is occupied by the person—reasonable compensation for— > > > > > > > > > (A) alternative accommodation for the person for the period, and > > > > > > > > > (B) the person’s relocation expenses. > > > > > (d) (Repealed) > > > (2) Compensation in relation to actions to prevent or mitigate damage A person is entitled to the following compensation— > > > > > (a) compensation for expenses incurred, or proposed to be incurred, by or on behalf of the owner of existing improvements or goods to prevent or mitigate subsidence damage to the improvements or goods, > > > > > (b) compensation for damage incurred as a result of the exercise by the Chief Executive of the Chief Executive’s functions under section 29 (Works for prevention or mitigation of damage from subsidence). > > > (3) Entitlement transfers to successors in title For the avoidance of doubt, a successor in title to an original owner of an improvement or goods is entitled to compensation under this Act, as if the successor were the original owner, in relation to subsidence and damage that occurred before the transfer of ownership of the improvement or goods. > > > (4) In this section— > > > > affiliate, in relation to an entity (the entity), means— > > > > > (a) another entity that is controlled (within the meaning of section 50AA of the [Corporations Act 2001](http://www.legislation.gov.au/) of the Commonwealth) by the entity, or > > > > > (b) if the entity is a body corporate—an entity that is a related entity of the entity. > > > > entity and related entity have the same meanings as in section 9 of the [Corporations Act 2001](http://www.legislation.gov.au/) of the Commonwealth. > > **s 7:** Am 2024 No 48, Sch 1\[3\]–\[5\].