38Compensation to Water NSW for damage

38 Compensation to Water NSW for damage

38 Compensation to Water NSW for damage

(1) Without limiting section 36, a person who, without the consent of Water NSW, carries out any activity that causes destruction of, damage to or interference with any work owned by Water NSW in circumstances in which the person should have known that the destruction, damage or interference would result from the carrying out of the activity, is liable to compensate Water NSW for all loss or damage suffered by Water NSW as a result.

(2) Water NSW is not entitled to compensation both under this section and another provision of this Act for the same destruction, damage or interference.

(3) A reference in this section to a person extends to any person—

(a) who caused the carrying out of the activity, or

(b) by whose order or direction the activity was carried out, or

(c) who aided, assisted, counselled or procured the carrying out of the activity.

(4) Water NSW may proceed against a person for recovery of its loss or compensation for its damage under this section whether or not Water NSW has proceeded against the person principally responsible for the loss or damage or any other person involved in the carrying out of the activity that caused the loss or damage.