sec.66Compensation— Act , s 110

sec.66 Compensation— Act , s 110

For section 110 (4) of the Act , a court must take the following matters into account— whether the exercise of a power under part 12 of the Act was to prevent a threat to human life or damage or possible damage to the environment or property; whether the exercise of the power was negligent; whether, at the time of the exercise of the power, it was reasonably foreseeable that the person claiming compensation would be adversely affected by the exercise of the power; the level of knowledge of an authorised officer at the time of the exercise of the power. In this section— exercise , of a power, includes purported exercise of the power. (sec.66-ssec.1) For section 110 (4) of the Act , a court must take the following matters into account— whether the exercise of a power under part 12 of the Act was to prevent a threat to human life or damage or possible damage to the environment or property; whether the exercise of the power was negligent; whether, at the time of the exercise of the power, it was reasonably foreseeable that the person claiming compensation would be adversely affected by the exercise of the power; the level of knowledge of an authorised officer at the time of the exercise of the power. (sec.66-ssec.2) In this section— exercise , of a power, includes purported exercise of the power.

• (a) whether the exercise of a power under part 12 of the Act was to prevent a threat to human life or damage or possible damage to the environment or property;
• (b) whether the exercise of the power was negligent;
• (c) whether, at the time of the exercise of the power, it was reasonably foreseeable that the person claiming compensation would be adversely affected by the exercise of the power;
• (d) the level of knowledge of an authorised officer at the time of the exercise of the power.