Dangerous Substances Act 2004

This section applies if a person applies under section 120 for compensation in relation to the giving of a prohibition notice.

If, after considering the application, the Minister is satisfied that there were insufficient grounds for giving the prohibition notice, the Territory must pay the person the reasonable compensation decided by the Minister.

However, compensation is not payable to the person—

in relation to any loss or expense suffered by the person because of an act or omission of the person; or

if the person caused or contributed to the situation or circumstances that caused the prohibition notice to be given.

The Minister must give the person written notice of the Minister’s decision on the application.

If the Minister does not decide the application within 28 days after the day the Minister receives the application, the Minister is taken to have refused to pay compensation.