Australian Capital Territory Numbered Acts

WATER RESOURCES ACT 2007 (NO. 19 OF 2007) - SECT 99

    (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 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.