Transport Infrastructure Act 1994

This section applies if a person enters land under section 476B(7).

An owner or occupier of the land may, by written notice given to the chief executive—

claim compensation for loss or damage caused by the entry on the land; or

claim compensation for the taking or use of materials; or

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

require the chief executive 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 entry ends; or

at a later time allowed by 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.