New South Wales Consolidated Acts

BIOSECURITY ACT 2015 - SECT 310

310 Amount of compensation

(1) The amount of compensation payable is the market value of the animal, plant or property immediately before the relevant time.

(2) In the case of destroyed property that is not an animal or plant, the
"relevant time" is the time of destruction.

(3) In the case of an animal or plant that died or was destroyed on account of emergency biosecurity matter,
"the relevant time" is--

(a) the time of its destruction, or

(b) the time when the Secretary or an authorised officer was notified that it was affected by, or died of, the emergency biosecurity matter,

whichever time is earlier.

(4) The regulations may provide for the payment of additional compensation in any specified circumstances and the method by which the additional compensation is to be calculated.

(5) Any such regulation may apply to the payment of compensation from a date specified in the regulation that is earlier than the date of its publication on the NSW legislation website, but only if the Minister, before recommending the making of the regulation, certifies in writing that the regulation does not affect, in a manner prejudicial to any person (other than the State or an authority of the State), a right to compensation under this Part existing before the date of its publication.

(6) This section does not prevent the Secretary from coming to an agreement with the owner of an animal, plant or property about the amount of compensation payable under this Part (whether or not by reference to market value). In that case, the amount payable is the amount as agreed by the parties.

Note : Additional compensation may be payable under a national biosecurity agreement.