Peace and Good Behaviour Act 1982
sec.73Compensation from State to particular owners
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sec.73 Compensation from State to particular owners
This section applies if— a fortification has been removed or modified under a fortification removal order or because of the taking of enforcement action; and the owner of the fortified premises is someone other than a responsible person. The owner may claim compensation from the State for any reasonable costs incurred for all or any of the following— repairing any damage to the fortified premises because of the removal or modification; restoring the fortified premises to the condition the premises were in before the fortification was made. The compensation may be claimed and ordered in a proceeding brought in a court of competent jurisdiction. A court may order compensation in a proceeding to be paid only if the court is satisfied it is just to make the order in the circumstances of the particular case. s 73 ins 2016 No. 62 s 267 (sec.73-ssec.1) This section applies if— a fortification has been removed or modified under a fortification removal order or because of the taking of enforcement action; and the owner of the fortified premises is someone other than a responsible person. (sec.73-ssec.2) The owner may claim compensation from the State for any reasonable costs incurred for all or any of the following— repairing any damage to the fortified premises because of the removal or modification; restoring the fortified premises to the condition the premises were in before the fortification was made. (sec.73-ssec.3) The compensation may be claimed and ordered in a proceeding brought in a court of competent jurisdiction. (sec.73-ssec.4) A court may order compensation in a proceeding to be paid only if the court is satisfied it is just to make the order in the circumstances of the particular case.
- (a) a fortification has been removed or modified under a fortification removal order or because of the taking of enforcement action; and
- (b) the owner of the fortified premises is someone other than a responsible person.
- (a) repairing any damage to the fortified premises because of the removal or modification;
- (b) restoring the fortified premises to the condition the premises were in before the fortification was made.