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Water Resources Act 2007
99Compensation for exercise of powers
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99 Compensation for exercise of powers
(1) A person may claim compensation from the Territory if the person
suffers loss or expense—
(a) in complying with a notice given to the person under section 72
(Direction to modify or remove water structure); or
(b) because of the exercise, or purported exercise, of a function
under any of the following provisions by an authorised officer,
a person assisting an authorised officer or someone else
authorised by the authority:
(i) part 8 (Assessment and investigation of water resources);
(ii) section 77 (Action by authority if notice or direction
contravened);
(iii) part 10 (Enforcement).
(2) Compensation may be claimed and ordered in a proceeding for—
(a) compensation brought in a court of competent jurisdiction; or
(b) an offence against this Act brought against the person making
the claim for compensation.
(3) A court may order the payment of reasonable compensation for the
loss or expense only if satisfied it is just to make the order in the
circumstances of the particular case.
(4) A regulation may prescribe matters that may, must or must not be
taken into account by the court in considering whether it is just to
make the order.