280FCompensation

280F Compensation

[Section 280F Inserted by No. 6 of 2007, s. 5, Applied:30 Apr 2007]

(1)  A person who suffers loss or damage as a result of anything done under this Division may be entitled to be paid reasonable compensation for that loss or damage.

(2)  However, the entitlement does not extend to –

(a) loss or damage suffered as a result of any action, or inaction, not attributable to a WSE direction; or

(b) loss or damage resulting from events that would have occurred irrespective of actions taken under this Division; or

(c) loss or damage that caused or contributed to the relevant water supply emergency; or

(d) loss or damage that is recoverable under a policy of insurance, lease or other contract.

(3)  A claim for compensation under subsection (1) is to be made to the Minister in the first instance.

(4)  [Section 280F Subsection (4) amended by No. 9 of 2011, Sched. 1, Applied:01 Oct 2012] In default of an agreement between the Minister and the claimant regarding a compensation claim for loss or damage resulting from a direction of the kind referred to section 280D(2)(c) , the amount of any compensation that the claimant may be entitled to under subsection (1) is to be determined in accordance with the Commercial Arbitration Act 2011 .