MCU14/0028 Appendix 2 EnvProtAct 1994

Environmental Protection Act 1994
Chapter 12 Miscellaneous
Part 4 Entry to land to comply with environmental requirement

[s 579]

           (3)   The notice must state—
                 (a)   particulars of the damage; and
                 (b)   that the person who suffered the damage may claim
                       compensation under section 579 from the person who
                       obtained the entry order.

579         Compensation
           (1)   This section applies if a person (the responsible person) who,
                 under this Act, must comply with an environmental
                 requirement, enters, or authorises someone else to enter, land
                 to which the requirement relates to comply with the
                 requirement.
           (2)   Compensation is payable from the responsible person to any
                 owner or occupier of the land for any compensatable effect the
                 owner or occupier suffers because of—
                 (a)   the entry; or
                 (b)   work conducted in relation to the land to comply, or
                       purport to comply, with the environmental requirement.
           (3)   However, compensation is not payable under subsection (2)(b)
                 if the work was conducted by someone other than the
                 responsible person and the responsible person did not
                 authorise the other person to conduct the work.
          (3A) If the land is a licence area under the Forestry Act 1959—
                 (a)   the plantation licensee or plantation sublicensee, as
                       defined under that Act, for the licence area is an
                       occupier of the land for the purposes of this section; and
                 (b)   compensation is payable as provided under this section
                       to the plantation licensee or plantation sublicensee as
                       occupier of the licence area and the State as owner of the
                       State forest of which the licence area forms part in the
                       proportions decided by a court of competent
                       jurisdiction.


Page 474                                                  Current as at 20 February 2014