Document ID: chunk:federal_register_of_legislation:C2016C00961:section:13
Version: federal_register_of_legislation:C2016C00961
Segment Type: section
Provision Reference: s 13
Character Range: 17721–20045

13  Compensation for damage
 (1) The Executive and authorized persons, shall, in the exercise of their powers under this Act, cause as little detriment and inconvenience and do as little damage as practicable.
 (2) Where the owner or occupier of land suffers loss or damage by reason of:
 (a) the exercise of a power conferred on the Executive by this Act; or
 (b) the entry upon, or occupation of, land in pursuance of this Act;
compensation is payable by the Territory in respect of the loss or damage.
 (3) Compensation payable under subsection (2) includes compensation in respect of:
 (a) damage resulting from the interruption or restriction of the flow of water, or from flooding;
 (b) damage of a temporary character as well as damage of a permanent character; and
 (c) the taking from land, or the disposal on land, of sand, clay, stone, earth, gravel, timber, wood, materials or things by the Executive;
but does not include compensation in respect of any fixture demolished, destroyed or removed in pursuance of subsection 9(3) or compensation based on an interference with rights expressed to be conferred by a law of the State of New South Wales made after the day on which this Act received the Royal Assent or by an instrument issued under a law of that State after that date.
 (4) For the purposes of compensation under this section, a restriction or interruption, at any time, of the flow of water from the Googong Dam Area shall be taken into account only to the extent to which, by reason of the restriction or interruption, the flow, if any, that would have occurred at that time if the dam and other works constructed under this Act had not been constructed is not maintained.
 (5) Where goods, being sand, clay, stone, earth, gravel, timber, wood, materials or other things, are taken from, or disposed of on, land in pursuance of this Act and are not the property of the owner or occupier of the land, subsection (2) applies as if the reference in that subsection to the owner or occupier of the land, or both, included a reference to the owner of the goods.
 (6) Part VIII of the Lands Acquisition Act 1989 applies in relation to the determination of compensation under this section as if anything done by the Authority under this Act had been done under Part III of the Lands Acquisition Act 1989.