Compensation payable to lessee of pastoral lease for damage to improvements and consequential damage
28A Compensation payable to lessee of pastoral lease for damage to improvements and consequential damage
Where —
the holder of a permit to explore;
the holder of a license to prospect; or
the lessee of a petroleum lease,
has by himself, his agent or employee I the exercise or purported exercise of any of the powers conferred by or under this Act or by reason of any operation conducted or other action taken by him or any of them caused damage to any improvements on land leased for pastoral purpose under the provisions of the Land Act 1933, he is liable, subject to the provisions of section 28D of this Act, to pay compensation to the lessee of the land so leased for the damage and for any damage which the lessee may in the opinion of the warden suffer as a consequence of the damage to the improvements.
(a) A person liable to pay compensation to a lessee under the provisions of this section may agree with the lessee as to the amount of compensation including compensation for consequential damage.
An agreement under paragraph (a) of this subsection is not valid unless it is in writing and signed by the parties or their agents and filed in the Department.
If an agreement is not made under subsection (2) of this section the lessee may commence an action for compensation before the warden or the person liable to pay compensation may so commence an action claiming a declaration as to the amount of compensation payable.
[Section 28A inserted: No. 66 of 1954 s. 8.]
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