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Water Act 1992
87Compensation and liability
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87 Compensation and liability
(1) If in the performance of the Minister's duty under section 34
damage is caused to land, the Territory must pay to the owner or
the occupier of the land, as the case requires, such amount, if any,
as is determined by the Minister to be the amount of the damage.
(2) Except as provided by subsection (1), but subject to section 107,
the Territory shall not be liable to pay compensation to a person as
a result of the operation of, or of the due exercise of a power,
function, authority or discretion conferred by, this Act.
(3) Where in the exercise of a power conferred by a permit granted
under section 36 damage is caused to land, the holder of the permit
is liable to pay compensation for the damage to the owner or
occupier of the land, as the case requires.
(4) For the purpose of this section, damage to land includes loss
suffered as a result of:
(a) deprivation of the possession of the surface of the land;
(b) damage to the surface of the land or to improvements on the
land;
(c) damage to a crop on the land;
(d) damage to stock on the land; and
(e) all consequential damage.