Queensland Consolidated Acts

ENVIRONMENTAL OFFSETS ACT 2014 - SECT 73

73 Compensation

(1) This section applies if a person incurs loss because of the exercise, or purported exercise, of a power by or for an enforcement officer including a loss arising from compliance with a requirement made of the person under this part.

(2) The person may claim compensation from—

(a) if the enforcement officer was appointed by the chief executive—the State; or

(b) if the enforcement officer was appointed by the chief executive officer of a local government—the local government.

(3) The compensation may be claimed and ordered in a proceeding—

(a) brought in a court with jurisdiction for the recovery of the amount of compensation claimed; or

(b) for an alleged relevant offence the investigation of which gave rise to the claim for compensation.

(4) A court may order the payment of compensation only if it is satisfied it is just to make the order in the circumstances of the particular case.

(5) In considering whether it is just to order compensation, the court must have regard to—

(a) any relevant offence committed by the claimant; and

(b) whether the loss arose from a lawful seizure or lawful forfeiture.

(6) A regulation may prescribe other matters that may, or must, be taken into account by the court when considering whether it is just to order compensation.

(7) Section 71 does not provide for a statutory right of compensation other than is provided by this section.

(8) In this section—

"loss" includes costs and damage.