sec.46Compensation for use of, damage to or destruction of property

### sec.46 Compensation for use of, damage to or destruction of property This section applies to a person ( claimant )— whose property— is surrendered under a resource surrender direction given under part 2 , 2A or 3 ; or is damaged or destroyed through the use of powers under this Act in an emergency situation or a CBR emergency; and who claims to have suffered financial loss because of the use, damage or destruction of the property. The claimant, or another person authorised by the claimant for the purpose, may apply in writing to the Minister for compensation for the financial loss. The claimant must make the application and give the Minister details of the financial loss within— for a claim relating to an emergency situation—28 days after the day the declaration of the emergency situation is revoked; or for a claim relating to a terrorist emergency—28 days after the day the terrorist emergency ends; or for a claim relating to a CBR emergency—3 months after the day the CBR emergency ends. The Governor in Council may either approve an ex gratia payment to the claimant of such amount as the Governor in Council considers appropriate, or may reject the application for compensation. Compensation payable under this section shall be paid from the consolidated fund (which is hereby to the necessary extent appropriated accordingly). s 46 (prev s 11) amd 1995 No. 58 s 4 sch 1 ; 2003 No. 46 s 11 renum and reloc 2003 No. 46 s 12 amd 2007 No. 34 s 7 sch ; 2016 No. 42 s 53 (sec.46-ssec.1) This section applies to a person ( claimant )— whose property— is surrendered under a resource surrender direction given under part 2 , 2A or 3 ; or is damaged or destroyed through the use of powers under this Act in an emergency situation or a CBR emergency; and who claims to have suffered financial loss because of the use, damage or destruction of the property. (sec.46-ssec.2) The claimant, or another person authorised by the claimant for the purpose, may apply in writing to the Minister for compensation for the financial loss. (sec.46-ssec.3) The claimant must make the application and give the Minister details of the financial loss within— for a claim relating to an emergency situation—28 days after the day the declaration of the emergency situation is revoked; or for a claim relating to a terrorist emergency—28 days after the day the terrorist emergency ends; or for a claim relating to a CBR emergency—3 months after the day the CBR emergency ends. (sec.46-ssec.4) The Governor in Council may either approve an ex gratia payment to the claimant of such amount as the Governor in Council considers appropriate, or may reject the application for compensation. (sec.46-ssec.5) Compensation payable under this section shall be paid from the consolidated fund (which is hereby to the necessary extent appropriated accordingly). - (a) whose property— (i) is surrendered under a resource surrender direction given under part 2 , 2A or 3 ; or (ii) is damaged or destroyed through the use of powers under this Act in an emergency situation or a CBR emergency; and - (i) is surrendered under a resource surrender direction given under part 2 , 2A or 3 ; or - (ii) is damaged or destroyed through the use of powers under this Act in an emergency situation or a CBR emergency; and - (b) who claims to have suffered financial loss because of the use, damage or destruction of the property. - (i) is surrendered under a resource surrender direction given under part 2 , 2A or 3 ; or - (ii) is damaged or destroyed through the use of powers under this Act in an emergency situation or a CBR emergency; and - (a) for a claim relating to an emergency situation—28 days after the day the declaration of the emergency situation is revoked; or - (b) for a claim relating to a terrorist emergency—28 days after the day the terrorist emergency ends; or - (c) for a claim relating to a CBR emergency—3 months after the day the CBR emergency ends.