98Action for damages

98 Action for damages S. 98(1) amended by Nos 76/1998 s. 3(1)(aa)(i), 19/2018 s. 83(1), 42/2021 s. 45(1)(b). (1) If because of a person's contravention of a relevant law— S. 98(1)(a) amended by Nos 19/2018 s. 83(1), 42/2021 s. 45(1)(a). (a) the Secretary, Parks Victoria or the Great Ocean Road Coast and Parks Authority incurs charges costs or expenses; or (b) property is lost damaged or destroyed— the Secretary, Parks Victoria or the Authority may recover from that person in a court of competent jurisdiction damages for that contravention. S. 98(2) amended by Nos 76/1998 s. 3(1)(aa)(i), 56/2003 s. 6, 19/2018 s. 83(2), 42/2021 s. 45(2). (2) If in relation to property mentioned in subsection (3)(b), (c), (d), (e), (f) or (g) the Secretary, Parks Victoria or the Great Ocean Road Coast and Parks Authority would, if the Secretary, Parks Victoria or the Authority owned or occupied the property, have an action for damages or be able to obtain other relief at law or in equity the Secretary, Parks Victoria or the Authority may, on behalf of the Crown, recover those damages or obtain that relief by action in a court of competent jurisdiction. (3) In subsection (1) ***property*** includes any of the following— S. 98(3)(a) amended by No. 76/1998 s. 3(1)(aa)(i). (a) property of the Secretary; S. 98(3)(ab) inserted by No. 19/2018 s. 83(3). (ab) property of Parks Victoria; S. 98(3)(ac) inserted by No. 42/2021 s. 45(3). (ac) property of the Great Ocean Road Coast and Parks Authority; (b) crown land; (c) any natural feature on Crown land; (d) any road structure improvement facility or thing on Crown land; (e) forest produce; (f) wildlife within the meaning of the **Wildlife Act 1975**; S. 98(3)(g) inserted by No. 92/1995 s. 162(2). (g) fish or protected aquatic biota within the meaning of the **Fisheries Act 1995**. S. 98(4) amended by Nos 76/1998 s. 3(1)(aa)(i), 19/2018 s. 83(4), 42/2021 s. 45(4). (4) The Secretary, Parks Victoria or the Great Ocean Road Coast and Parks Authority may bring an action under subsection (1) or (2) whether or not the person has been charged with an offence in respect of the contravention of a relevant law. (5) In proceedings under this section relating to property lost damaged or destroyed a court may award damages (not exceeding the value of the property lost damaged or destroyed) which it considers appropriate. (6) In proceedings under this section in relation to charges, costs and expenses incurred, a court may award damages (not exceeding the amount so incurred) which it considers appropriate. S. 98(7) amended by Nos 76/1998 s. 3(1)(aa)(i), 19/2018 s. 83(1), 42/2021 s. 45(5). (7) The Secretary, Parks Victoria or the Great Ocean Road Coast and Parks Authority may recover damages in proceedings under this section even though the Secretary, Parks Victoria or the Authority has suffered no actual loss or damage. (8) In proceedings under this section— S. 98(8)(a) amended by No. 76/1998 s. 3(1)(aa)(i). (a) if the property is forest produce, a statement in a certificate under the seal of the Secretary as to the amount which the Secretary considers would have been payable by way of royalty if the forest produce had been taken in accordance with a licence granted under a relevant law is evidence that the value of the forest produce is the amount specified in the statement; and S. 98(8)(b) amended by Nos 76/1998 s. 3(1)(aa)(i), 19/2018 s. 83(5), 42/2021 s. 45(6). (b) in any other case, a statement in a certificate under the seal of the Secretary or signed by the chief executive officer of Parks Victoria or the Great Ocean Road Coast and Parks Authority as to the value which the Secretary or the chief executive officer of Parks Victoria or the Authority considers to be the value of property or as to the amount of charges, costs or expenses incurred is evidence that the value of the property or amount is as stated in the certificate. S. 98(9) amended by Nos 76/1998 s. 3(1)(aa)(i), 19/2018 s. 83(1), 42/2021 s. 45(7). (9) If the Secretary, Parks Victoria or the Great Ocean Road Coast and Parks Authority seeks damages in respect of charges, costs or expenses incurred by the Secretary, Parks Victoria or the Authority any damages awarded by the court must not exceed the amount of those charges, costs and expenses. S. 98(10) amended by Nos 76/1998 s. 3(1)(aa)(ii), 19/2018 s. 83(6), 42/2021 s. 45(8). (10) Nothing in this section affects the Secretary's right, Parks Victoria's right or the Great Ocean Road Coast and Parks Authority's right to apply for and obtain an order for compensation in accordance with section 97 in so far as the claim is not satisfied by recovery of damages under this section. S. 98(11) amended by Nos 76/1998 s. 3(1)(aa)(i), 19/2018 s. 83(4), 42/2021 s. 45(9). (11) Nothing in this section affects any right of action which the Secretary, Parks Victoria or the Great Ocean Road Coast and Parks Authority or any person has to recover damages. S. 98(12) inserted by No. 61/1993 s. 36(j), amended by No. 76/1998 s. 3(1)(aa)(i). (12) This section also applies to freehold land, managed land and vested land within the meaning of the **Victorian Plantations Corporation Act 1993** as if it referred to the Victorian Plantations Corporation instead of the Secretary.