Australian Capital Territory Current Acts

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NATURE CONSERVATION ACT 2014 - SECT 358

Damage etc to be minimised

    (1)     In the exercise, or purported exercise, of a function under this part, a conservation officer must take all reasonable steps to ensure that the officer causes as little inconvenience, detriment and damage as practicable.

    (2)     If a conservation officer damages anything in the exercise or purported exercise of a function under this part, the conservation officer must give written notice of the particulars of the damage to the person the conservation officer believes on reasonable grounds is the owner of the thing.

    (3)     The notice must state that—

        (a)     the person may claim compensation from the Territory if the person suffers loss or expense because of the damage; and

        (b)     compensation may be claimed and ordered in a proceeding for compensation brought in a court of competent jurisdiction; and

        (c)     the 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)     If the damage happens at premises entered under this part in the absence of the occupier, the notice may be given by leaving it, secured conspicuously, at the premises.



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