Surat Basin Rail (Infrastructure Development and Management) Act 2012

An owner or occupier of land entered under this part may, by written notice—

claim compensation for loss or damage caused by—

the entry and railway works carried out on the land; or

the entry and investigation carried out on the land; or

claim compensation for the taking or use of materials; or

require works in restitution for the damage; or

require works in restitution for the damage and then claim compensation for any loss or damage not restituted.

The owner or occupier must give the notice—

for an entry by the Coordinator-General or an associated person of the Coordinator-General—to the Coordinator-General; or

for an entry by an authorised person or associated person of the authorised person under a works authority—to the Coordinator-General; or

for an entry by an authorised person or associated person of the authorised person under an investigation authority—to the authorised person.

The notice must be given—

within 1 year after the railway works or investigation of the land is completed; or

at a later time allowed by the Coordinator-General.

The claim for compensation may be made—

whether or not the act or omission giving rise to the claim was authorised under division 3 or a works authority or investigation authority; and

whether or not the person who made the entry, carried out the railway works or carried out the investigation took steps to prevent the loss or damage; and

even though the loss or damage was caused, or contributed to, by an associated person of the Coordinator-General or an authorised person.

The amount of compensation for loss or damage caused by an entry to carry out railway works is—

the amount agreed between the Coordinator-General and the person; or

if the person and Coordinator-General can not agree within a reasonable time—the amount decided by the Land Court.

The amount of compensation for loss or damage caused by an entry to investigate land is—

the amount agreed between the parties; or

if the parties can not agree within a reasonable time—the amount decided by the Land Court.