No action etc.
4 No action etc.
Save as by subsection (2) with respect to payment of compensation, no action, indictment, information, claim, or other proceedings shall be commenced, presented, made, or prosecuted against the Crown or the Minister or an authorised person or any other person for any damage, loss, or expenses occasioned or alleged to be occasioned or in anywise whatsoever arising from the exercise of any of the powers and authorities under this Act.
However, if in the exercise of any powers under this Act any authorised person has been guilty of negligence in the carrying out of the person’s powers and authorities under this Act, whereby actual damage has been caused to the property of the owner or occupier, such owner or occupier may make a claim for compensation to the Minister.
Such claim shall clearly specify the name and address of the complainant, the name and address of the complainant’s solicitor (if any), the nature of the damage complained of and the cause thereof, the total amount of compensation claimed and particulars showing how such amount is arrived at, specifying in each case the exact amount claimed in respect of each particular item.
The claimant shall also give to the Minister all such further information and particulars relating to the claimant’s claim as the Minister reasonably requires.
The Minister may consider such claim, and may, if in the Minister’s discretion the Minister thinks fit, compensate such owner or occupier on such terms as may be mutually agreed upon.
Moreover the Minister or the owner or the occupier may, if in their discretion it is deemed fit and proper to do so, refer any such claim to any court of competent jurisdiction for hearing and determination.
In the hearing of such claim for compensation the onus of proving that the damage has been occasioned by the negligence of the authorised person shall lie on the claimant.
Regulations may be made to give full effect to the objects and purposes of this section.
In this section—
authorised person includes the authorised person’s assistants and workers.
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