Queensland Consolidated Acts

ENVIRONMENTAL PROTECTION ACT 1994 - SECT 487

487 Compensation

(1) A person may claim compensation if the person incurs loss or expense because of the exercise or purported exercise of a power under this chapter, including, for example, in complying with a requirement made of the person under this chapter.

(2) Subsection (1) does not apply to a prescribed person for a contamination incident in relation to the exercise of a power relating to the incident.

(3) The compensation must be claimed from—

(a) if the power or requirement that gives rise to the claim was exercised or made by an authorised person appointed by the chief executive officer of a local government, or a person authorised by such an authorised person under section 458 or 467 (1) (b) to take action—the local government; or

(b) if paragraph (a) does not apply—the State.

(4) Payment of compensation may be claimed and ordered in a proceeding for—

(a) compensation brought in a court of competent jurisdiction; or

(b) an offence against this Act brought against the person making the claim for compensation.

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