Transport Infrastructure Act 1994

An owner or occupier of land entered, occupied or used under this part by a person may, by written notice given to the person—

claim compensation for loss or damage caused by the entry or railway works or accommodation works carried out on the land; or

claim compensation for the taking or use of materials; or

require the person to carry out works in restitution for the damage; or

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

The notice must be given—

within 1 year after the railway works or accommodation works are completed; or

at a later time allowed by—

if the land is entered by the chief executive or an accredited person—that person; or

if the land is entered by a person authorised in writing by the chief executive under section 163(2)—the chief executive.

The amount of compensation is—

the amount agreed between the parties; or

if the parties can not agree within a reasonable time—the amount decided by a court with jurisdiction for the recovery of the amount of compensation claimed.

However, the amount of compensation for damage to the land and its fixtures, and for taking or use of materials, can not be more than the amount that would have been awarded if the land had been acquired.