33Authority in execution of works to do as little damage as possible

##### 33 Authority in execution of works to do as little damage as possible (1) In the exercise of its powers under this Act, the Authority shall cause as little detriment and inconvenience and do as little damage as possible. (2) Where the owner of land in the Snowy Mountains Area is injuriously affected by the exercise, in relation to that land, of any of the powers conferred by this Act, compensation shall be paid by the Authority. (3) Where land (whether within or without the Snowy Mountains Area) is entered or occupied in pursuance of section 20, the Authority shall be liable to pay compensation to the owner or occupier of the land, or to both, as the case requires, and the compensation so payable shall include compensation in respect of: (a) damage of a temporary character as well as of a permanent character; and (b) the taking of sand, clay, stone, earth, gravel, timber, wood, materials or things by the Authority. (3A) If the owner of land along the Upper Murray or along the Lower Tumut suffers loss by flooding from temporary works of the Authority in relation to that land, the Authority shall be liable to pay compensation to the owner. (3B) In subsection (3A), loss by flooding from temporary works of the Authority means loss directly resulting from the raising of the level of the Upper Murray or of the Lower Tumut by the discharge of waters from works of the Authority other than permanent works of the Authority. (3C) Expressions used in subsections (3A) and (3B) (other than the expression loss by flooding) which are defined in the Agreement or the Supplemental Agreement have the same meanings as in the Agreement or the Supplemental Agreement, as the case may be. (3D) For the purposes of rights to compensation under this section, where anything has been done by, or under the authority of, the Authority and the doing of that thing was authorized both by this Act and by a State Act, that thing shall be conclusively presumed, as against the Authority, to have been done in pursuance of this Act. (3E) Nothing in this section shall be construed as excluding or limiting any liability of the Authority apart from this section in respect of a matter in relation to which compensation is not payable under this section. (4) Part VIII of the Lands Acquisition Act 1989 applies in relation to the determination of compensation under this Part as if anything done by the Authority under this Act had been done under Part III of the Lands Acquisition Act 1989.