(a) any prescribed substance is or any minerals are acquired by the Commonwealth by virtue of Part II or this Part; or
(b) a person suffers loss or damage by reason of anything done in pursuance of section 41 or 41CA;
the Commonwealth is liable to pay to a person who had a right, title or
interest in the prescribed substance or minerals, or to the person who has
suffered the loss or damage, as the case may be, such compensation as is
agreed on between the Commonwealth and that person or, in default of
agreement, is determined by action against the Commonwealth in a court of
competent jurisdiction.