96Making good of damage

96 Making good of damage

(1)  In this section –

consequential damage means –

(a) for section 78 , damage resulting from the actual modification or removal of the relevant obstruction; and

(b) for section 90 , damage directly resulting from an action taken in good faith to ensure the immediate safety of persons, or of stock or other animals, on adjoining land; and

relevant works means works, including any installation, maintenance or repair of fencing, carried out for the purposes for which a responsible manager, or a person acting on behalf of the responsible manager, accessed adjoining land under Part 12 ;

unsanctioned damage means damage, other than consequential damage, that –

(a) is caused to or in respect of adjoining land as a result of relevant works or accessing land under Part 12 in order to carry out relevant works; or

(b) is caused to or in respect of adjoining land as a result of accessing land and clearing an obstruction in accordance with a warrant issued under section 79 .

(2)  As soon as practicable after unsanctioned damage has occurred, and the relevant works are completed or obstruction cleared, as the case may be, the responsible manager must –

(a) ensure that any unsanctioned damage is made good; or

(b) pay the adjoining landholder fair compensation for that unsanctioned damage.

(3)  Any dispute regarding the nature or extent of the responsible manager's obligation under subsection (2) is to be determined by an arbitral tribunal, within the meaning of the Commercial Arbitration Act 2011 , in accordance with that Act.