Australian Capital Territory Current Acts

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PUBLIC UNLEASED LAND ACT 2013 - SECT 125

Damage etc to be minimised

    (1)     In the exercise, or purported exercise, of a function under this part, an authorised person must take all reasonable steps to ensure that the person causes as little inconvenience, detriment and damage as practicable.

    (2)     If an authorised person damages anything in the exercise or purported exercise of a function under this part, the authorised person must give written notice of the particulars of the damage to the person the authorised person believes on reasonable grounds is the owner of the thing.

    (3)     The notice must state that—

        (a)     the person may claim compensation from the Territory if the person suffers loss or expense because of the damage; and

        (b)     compensation may be claimed and ordered in a proceeding for compensation brought in a court of competent jurisdiction; and

        (c)     the court may order the payment of reasonable compensation for the loss or expense only if satisfied it is just to make the order in the circumstances of the particular case.

    (4)     If the damage happens at premises entered under this part in the absence of the occupier, the notice may be given by leaving it, secured conspicuously, at the premises.



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