(a) damage is caused to equipment as a result of it being operated as mentioned in section 153 or 154; and
(b) the damage was caused as a result of:
(i) insufficient care being exercised in selecting the person who was to operate the equipment; or
(ii) insufficient care being exercised by the person operating the equipment;
compensation for the damage is payable to the owner of the equipment.
(2) Compensation is payable out of money appropriated by the Parliament for the purpose.
(3) In determining the amount of compensation payable, regard is
to be had to whether the body concerned and its employees and agents, if they
were available at the time, had provided any warning or guidance as to the
operation of the equipment that was appropriate in the circumstances.