Torres Strait Islander Cultural Heritage Act 2003
sec.148Compensation
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sec.148 Compensation
A person may claim from the chief executive the cost of repairing or replacing property damaged because of the exercise or purported exercise of a power under a declared provision. Without limiting subsection (1) , compensation may be claimed for loss or expense incurred in complying with a requirement made of the person under the declared provisions. Compensation may be claimed and ordered to be paid in a proceeding— brought in a court with jurisdiction for the recovery of the amount of compensation claimed; or for an offence against this Act brought against the person claiming compensation. A court may order compensation to be paid only if it is satisfied it is just to make the order in the circumstances of the particular case. (sec.148-ssec.1) A person may claim from the chief executive the cost of repairing or replacing property damaged because of the exercise or purported exercise of a power under a declared provision. (sec.148-ssec.2) Without limiting subsection (1) , compensation may be claimed for loss or expense incurred in complying with a requirement made of the person under the declared provisions. (sec.148-ssec.3) Compensation may be claimed and ordered to be paid in a proceeding— brought in a court with jurisdiction for the recovery of the amount of compensation claimed; or for an offence against this Act brought against the person claiming compensation. (sec.148-ssec.4) A court may order compensation to be paid only if it is satisfied it is just to make the order in the circumstances of the particular case.
- (a) brought in a court with jurisdiction for the recovery of the amount of compensation claimed; or
- (b) for an offence against this Act brought against the person claiming compensation.