Dangerous Substances Act 2004
185Compensation for emergency order
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185 Compensation for emergency order (a) an emergency order has been made that binds, or has bound, a person; and (b) the person suffers loss or damage because of the making of the order; and (c) the person considers that there were insufficient grounds to make the order. (2) The person may apply, in writing, to the Minister for compensation. (3) The application must state the reasons why the person considers that there were insufficient grounds to make the emergency order. (4) If, after considering the application, the Minister is satisfied that there were insufficient grounds to make the emergency order, the Territory must pay the person the reasonable compensation decided by the Minister. (5) However, compensation is not payable to the person— (a) in relation to any loss or damage suffered by the person because of an act or omission of the person; or (b) if the person caused or contributed to the relevant risk or harm to the health or safety of people or of damage to property or the environment. (6) The Minister must give the person written notice of the Minister’s decision on the application. (7) If the Minister does not decide the application within 28 days after the day the Minister receives the application, the Minister is taken to have refused to pay compensation.