State Development and Public Works Organisation Act 1971

The holder of an access authority must compensate the owner of the land entered under the authority for damage or loss that—

was caused by activities carried out, or purportedly carried out, under the authority; and

has not been rectified under section 153X or otherwise.

The amount of compensation payable under subsection (1) is—

the amount agreed between the owner of the land and the holder of the access authority; or

if the owner of the land and the holder of the access authority can not agree on the amount within a reasonable time—the amount decided by the Land Court.

The owner of the land may, by written notice given to the holder of the access authority, claim compensation for the damage or loss—

before, or within 1 year after, the access authority expires; or

at a later time allowed by the Land Court.

The claim for compensation may be made—

whether or not the activity giving rise to the claim was authorised under the access authority; and

whether or not the holder of the authority took steps to prevent or minimise the damage or loss; and

even if the damage or loss was caused, or contributed to, by an associated person of the holder of the access authority.