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LOCAL GOVERNMENT ACT 2009 - SECT 137
Compensation for damage or loss caused after entry
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.
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