Transport Infrastructure Act 1994

An affected person for the land may, by written notice (rectification notice) given to the investigator, require the investigator, within a reasonable time after the investigator has finished investigating the land under the investigator’s authority, to rectify loss or damage suffered by the affected person arising out of—

the investigator entering the land; or

use made of the land by the investigator; or

anything brought onto the land by the investigator; or

anything done or left on the land while the investigator was on the land under, or purportedly under, the investigator’s authority.

If the loss or damage mentioned in subsection (1) is not rectified or can not be rectified, the affected person may, by written notice (compensation notice) given to the investigator, claim compensation for the loss or damage not rectified.

A rectification or compensation notice must be given—

within 1 year after the loss or damage was suffered; or

at a later time allowed by the Land Court.

The claim for compensation may be made—

whether or not the act or omission giving rise to the claim was authorised under the investigator’s authority; and

whether or not the investigator 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 investigator.

In subsection (1)—