Stock Route Management Act 2002

This section applies if a person incurs loss or damage because of the exercise or purported exercise of a power under this Act, other than section 170 or 172.

The person is entitled to be paid the reasonable compensation because of the loss or damage that is agreed between the compensating entity and the person, or failing agreement, decided by a court.

Compensation may be claimed and ordered to be paid in a proceeding—

brought in a court with jurisdiction for the recovery of the amount of compensation claimed; or

for an offence against this Act brought against the person claiming compensation.

A court may order compensation to be paid only if satisfied it is just to make the order in the circumstances of the particular case.

A regulation may prescribe matters that may, or must, be taken into account by the court when considering whether it is just to make the order.

In this section—compensating entity means, for loss or damage incurred because of the exercise or purported exercise of a power by—

the chief executive or an authorised person appointed by the chief executive—the chief executive; or

the chief executive officer of a local government or an authorised person appointed by the chief executive officer—the chief executive officer.