Environment Protection and Biodiversity Conservation Act 1999

If:

damage is caused to equipment as a result of it being operated as mentioned in section 421 or 422; and

the damage was caused as a result of:

insufficient care being exercised in selecting the person who was to operate the equipment; or

insufficient care being exercised by the person operating the equipment;

Compensation is payable out of money appropriated by the Parliament for the purpose.

In determining the amount of compensation payable, regard is to be had to whether the occupier of the premises and his or her employees and agents, if they were available at the time, had provided any warning or guidance as to the operation of the equipment that was appropriate in the circumstances.