Queensland Consolidated Acts

CITY OF BRISBANE ACT 2010 - SECT 126

126 Compensation for damage or loss caused after entry

(1) If a person incurs damage or loss because of the exercise, or purported exercise, of a power under this division, the council must pay the person compensation.

(2) The compensation equals—

(a) the amount agreed between the person and the council; or

(b) if the person and the council can not agree, the amount that is decided by a court.

(3) The person may claim the compensation in—

(a) any proceedings for compensation; or

(b) any proceedings brought against the person for an offence against any local government related law.

(4) A court may order compensation to be paid only if the court is satisfied it is just to do so in all the circumstances.

(5) A regulation may prescribe matters that may, or must, be taken into account by the court when considering whether it is just to make the order.

(6) The court may make any order about costs that the court considers just.