Transport Infrastructure Act 1994

This section applies if land is entered, occupied or used under this part.

An owner or occupier of the land may claim compensation from the chief executive for loss or damage caused by the entry, occupation or use, including by the taking or consumption of materials.

However, compensation is payable only if written notice of the claim or proposed claim is given to the chief executive—

after the loss or damage happens, but within 1 year after the entry, occupation or use ends; or

at a later time allowed by the chief executive.

In the absence of agreement between the owner or occupier and the chief executive about the payment of compensation, payment of compensation may be claimed and ordered in a proceeding brought in the Land Court.

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

Compensation paid under this section for loss or damage caused to land must not be more than the compensation that would have been awarded if the land had been acquired.