Western Australian Consolidated Acts Western Australian Consolidated Acts (1) An authorised
person or his assistants shall do as little damage as is practicable in
exercising the powers conferred by this Part.
(2) Where within one
year of the exercise of a power conferred by this Part, a person suffers
damage of which the exercise of the power is the proximate cause, he is
entitled to compensation for the damage from the Minister or the local
authority by whom, or by whose direction, the power is exercised, if within
30 days of the occurrence or commencement of the damage or within
12 months where notice of intention to enter the land was not given to
the owner or occupier as required by section 83A(3) he serves on the
Minister or local authority a written claim for compensation for the damage.
(3) Subject to
subsection (2), a claim shall be made and compensation assessed in
accordance with Part 10 of the Land Administration Act 1997 as if a
reference in that Part to the acquiring authority were a reference to the
Minister or local authority.
(4) The Minister or
local authority shall offer to negotiate with the occupier of, or the
proprietor of any interest in, the land affected by an act under this Act for
the payment of compensation for any damage caused, or expected to be caused,
by the act, and a person who enters into such an agreement shall not be
entitled to claim compensation for that damage under subsection (2).
[Section 83C inserted by No. 48 of 1953
s. 6; amended by No. 31 of 1997 s. 50; No. 31 of 2003
s. 162.]