South Australian Repealed Acts

This legislation has been repealed.

RENMARK IRRIGATION TRUST ACT 1936 - SECT 169

169—Principles in awarding compensation

In determining whether any and what compensation is to be made, the court shall apply the following principles:

            (a)         no compensation shall be made for injury occasioned by taking or diverting surplus or flood water, permanently or temporarily, from any stream, creek, watercourse, lake, or lagoon;

            (b)         where, by the execution of any works by the trust, enhancement in value of any property of the claimant wherever situated has been directly or indirectly caused, or any other benefit has been gained or become available to the claimant by reason of the execution of the works, or of any other works by the trust under this Act or any repealed Act, the compensation shall be reduced by the amount of the value of the enhancement or other benefit;

            (c)         the measure of compensation shall be the direct pecuniary injury to the claimant by the loss of something of substantial benefit previously enjoyed by him, and shall not include remote, indirect, or speculative damages;

            (d)         where the injury complained of appears to be of a permanent or continuing character, or likely to be repeated, a sum may be awarded which the court may declare to be a compensation for all possible future repetitions of the injury, as well as for the injury already done; and after the award no further compensation shall be made to any person in respect of future repetitions of the injury.