Planning Act 2023

A person may claim compensation from the Territory if the person suffers loss or expense because of the exercise, or purported exercise, of a function by an official or person assisting an official.

Compensation may be claimed and ordered—

in a proceeding for compensation brought in a court of competent jurisdiction; or

in a proceeding for an offence against this Act brought against the person making the claim for compensation.

A court may order the payment of reasonable compensation for the loss or expense only if satisfied it is just to make the order in the circumstances of the particular case.

A regulation may prescribe matters that may, must or must not be taken into account by the court in considering whether it is just to make the order.

Examples—what may be prescribed

1 compensation is not payable for actions of authorised people that are unavoidable, like demolishing an unlawful structure if the rectification notice requires the demolition

2 compensation is payable if the damage is reasonably avoidable, like the accidental breaking of a window

In this section:

function—see section 511 (4).

official—see section 511 (4).