# Nature Conservation (Scotland) Act 2004, Paragraph 6


(1) SNH or, as the case may be, the Scottish Ministers must compensate any person who has sustained damage by reason of—
(a) the exercise by a person authorised by SNH or, as the case may be, the Scottish Ministers of any powers conferred on the person by section 44, or
(b) the failure of a person so authorised to perform the duty imposed by paragraph 5,
unless the damage is attributable to the fault of the person who sustained it.
(2) Any dispute as to a person’s entitlement to compensation under this paragraph, or as to the amount of such compensation, is to be determined by arbitration.

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Source: https://www.legislation.gov.uk/asp/2004/6/schedule/4/paragraph/6 (the official version)
Page: https://openlegislation.uk/nature-conservation-scotland-act-2004/schedule-4/paragraph-6
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.