Environmental Protection Act 1994

This section applies in relation to—

a recipient or contractor who, under section 369E(2), enters land on which action is required to be taken; or

an authorised person or contractor who, under section 369F(3), enters land on which action is required to be taken.

In taking the action, the recipient, authorised person or contractor must take all reasonable steps to ensure the recipient, authorised person or contractor causes as little inconvenience, and does as little damage, as is practicable in the circumstances.

If a person incurs loss or damage because of action taken by the recipient, authorised person or contractor, the person is entitled to be paid by the recipient, authorised person or contractor reasonable compensation for the loss or damage—

as agreed between the recipient, authorised person or contractor and the person; or

failing agreement under paragraph (a), as decided by a court having jurisdiction for the recovery of amounts up to the amount of compensation claimed.

Subsection (3) does not apply to loss or damage incurred by a company of whom a recipient is a related person.

The court may make an order about costs it considers just.