sec.118Compensation payable by relevant person

### sec.118 Compensation payable by relevant person An owner or occupier of land may, by written notice given to the relevant person— claim compensation from the relevant person for loss or damage arising out of an entry onto the land, any use made of the land, anything brought onto the land or anything done or left on the land in connection with the relevant person’s authority; or require the relevant person to carry out works to rectify the damage within a reasonable time after the relevant person has finished investigating the land under the authority; or require the relevant person to carry out works under paragraph (b) and then claim compensation for any loss or damage not rectified. A claim may be made— whether or not the act or omission giving rise to the claim was authorised under the authority; and whether or not the relevant person prohibited, or took steps to prevent, the loss or damage; and even though the loss or damage was caused or contributed to by an associated person. The notice must be given— within 1 year after the loss or damage happened; or at a later time allowed by a court. The amount of compensation is— the amount agreed between the parties; or if the parties can not agree within a reasonable time—the amount decided by a court with jurisdiction for the amount of compensation claimed. In this section— associated person , if the chief executive intends to investigate land under section 109A , includes a person authorised by the chief executive under section 109A . s 118 prev s 118 ins 1994 No. 49 s 3 sch 1 exp 18 May 1995 (see prev s 118(2)) AIA s 20A applies (see orig s 126(1)) pres s 118 ins 1998 No. 43 s 9 amd 2011 No. 12 s 43 (sec.118-ssec.1) An owner or occupier of land may, by written notice given to the relevant person— claim compensation from the relevant person for loss or damage arising out of an entry onto the land, any use made of the land, anything brought onto the land or anything done or left on the land in connection with the relevant person’s authority; or require the relevant person to carry out works to rectify the damage within a reasonable time after the relevant person has finished investigating the land under the authority; or require the relevant person to carry out works under paragraph (b) and then claim compensation for any loss or damage not rectified. (sec.118-ssec.2) A claim may be made— whether or not the act or omission giving rise to the claim was authorised under the authority; and whether or not the relevant person prohibited, or took steps to prevent, the loss or damage; and even though the loss or damage was caused or contributed to by an associated person. (sec.118-ssec.3) The notice must be given— within 1 year after the loss or damage happened; or at a later time allowed by a court. (sec.118-ssec.4) The amount of compensation is— the amount agreed between the parties; or if the parties can not agree within a reasonable time—the amount decided by a court with jurisdiction for the amount of compensation claimed. (sec.118-ssec.5) In this section— associated person , if the chief executive intends to investigate land under section 109A , includes a person authorised by the chief executive under section 109A . - (a) claim compensation from the relevant person for loss or damage arising out of an entry onto the land, any use made of the land, anything brought onto the land or anything done or left on the land in connection with the relevant person’s authority; or - (b) require the relevant person to carry out works to rectify the damage within a reasonable time after the relevant person has finished investigating the land under the authority; or - (c) require the relevant person to carry out works under paragraph (b) and then claim compensation for any loss or damage not rectified. - (a) whether or not the act or omission giving rise to the claim was authorised under the authority; and - (b) whether or not the relevant person prohibited, or took steps to prevent, the loss or damage; and - (c) even though the loss or damage was caused or contributed to by an associated person. - (a) within 1 year after the loss or damage happened; or - (b) at a later time allowed by a court. - (a) the amount agreed between the parties; or - (b) if the parties can not agree within a reasonable time—the amount decided by a court with jurisdiction for the amount of compensation claimed.