Australian Capital Territory Numbered Acts

WATER RESOURCES ACT 1998 (NO. 63 OF 1998) - SECT 76

(1)     The Territory is liable to pay compensation to the lessee or occupier of land for—

        (a)     the value of any modification directed to be carried out under section 34 ; and

        (b)     the expenses of removal incurred by the lessee or occupier under that section.

(2)     For the purposes of subsection (1), the value of a dam, embankment, wall or other structure to be modified or removed will be taken to be—

        (a)     the amount by which it increased the value of the land; or

        (b)     the cost, at the time of removal, or of replacing it;

whichever is the lesser.

(3)     The Territory is liable to pay compensation to the lessee or occupier of land entered under section 17 for damage by the Authority in excess of that which could reasonably be expected to occur as a consequence of the exercise of his or her powers under that section.