(1) If a person who is
—
(a) the
owner or occupier of land granted in fee simple; or
(b) the
occupier of land held under lease or on conditional terms of purchase from the
Crown, except for pastoral or timber purposes,
sustains damage
through the performance by a local government of its functions under this Act,
the local government is to compensate the person if the person requests
compensation unless it is otherwise expressly stated in subsection (5) or in
Schedule 3.1 or Schedule 3.2.
(2) Despite subsection
(1), regulations amending Schedule 3.1 or Schedule 3.2 may exclude or limit
the obligation of a local government to pay compensation for a particular
matter.
(3) The assessment of
damage for which compensation is to be paid is to include the value of any
material taken under Subdivision 2.
(4) A dispute about
the amount of compensation is to be determined by arbitration in accordance
with section 3.23.
(5) Compensation is
not payable for damage sustained through a local government —
(a)
draining water onto land to the extent that the water follows a natural
watercourse; or
(b)
closing or restricting the use of a thoroughfare under section 3.50 or a power
given by any other written law; or
(c)
performing functions under section 3.51(2)(b); or
(d)
performing any other prescribed function.
(6) This section does
not limit section 9.57.
(7) Regulations may
—
(a)
prescribe the time within which compensation may be claimed and procedures for
making claims;
(b) make
provision as to how compensation for damage is to be assessed.
[Section 3.22 amended: No. 64 of 1998 s. 14(2).]