Queensland Consolidated Acts

PUBLIC HEALTH ACT 2005 - SECT 313H

313H Compensation

(1) A person may claim compensation from the State if the person incurs loss because of the exercise, or purported exercise, of a power by or for the chief executive under this chapter, including a loss arising from compliance with a requirement made of the person under this chapter.

(2) However, subsection (1) applies only in relation to loss arising from an accidental, negligent or unlawful act or omission.

(3) The compensation may be claimed and ordered in a proceeding brought in a court with jurisdiction for the recovery of the amount of compensation claimed.

(4) A court may order the payment of the compensation only if it is satisfied it is just to make the order in the circumstances of the particular case.

(5) In considering whether it is just to order compensation, the court must have regard to—

(a) the nature of the pollution event and the risk to public health; and

(b) whether the loss arose from the publication of a pollution notice in relation to the pollution event.

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

(7) In this section—

"loss" includes costs and damage.