Queensland Consolidated Acts

LOCAL GOVERNMENT ACT 2009 - SECT 137

137 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 local government must pay the person compensation.

(2) The compensation equals—

(a) the amount agreed between the person and local government; or

(b) if the person and local government 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 Act .

(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.