Queensland Consolidated Acts

ACQUISITION OF LAND ACT 1967 - SECT 20

20 Assessment of compensation

(1) In assessing the compensation to be paid, regard shall in every case be had not only to the value of land taken but also—

(a) to the damage, if any, caused by any of the following—

(i) the severing of the land taken from other land of the claimant;

(ii) the exercise of any statutory powers by the constructing authority otherwise injuriously affecting the claimant’s other land mentioned in subparagraph (i) ; and

(b) to the claimant’s costs attributable to disturbance.

Note—

See, however—

(a) the Geothermal Energy Act 2010 , section 350D in relation to geothermal interests under that Act; and

(b) the Greenhouse Gas Storage Act 2009 , section 369D in relation to GHG interests under that Act; and

(c) the Mineral Resources Act 1989 , section 10AAD in relation to mining tenement interests under that Act; and

(d) the Petroleum Act 1923 , section 124C in relation to 1923 Act petroleum interests under that Act; and

(e) the Petroleum and Gas (Production and Safety) Act 2004 , section 30AD in relation to petroleum interests under that Act.

(2) Compensation shall be assessed according to the value of the estate or interest of the claimant in the land taken on the date when it was taken.

(2A) However, in assessing the compensation, a contract, licence, agreement or other arrangement (a
"relevant instrument" ) entered into in relation to the land after the notice of intention to resume was served on the claimant must not be taken into consideration if the relevant instrument was entered into for the sole or dominant purpose of enabling the claimant or another person to obtain compensation for an interest in the land created under the instrument.

(3) In assessing the compensation to be paid, there shall be taken into consideration, by way of set-off or abatement, any enhancement of the value of the interest of the claimant in any land adjoining the land taken or severed therefrom by the carrying out of the works or purpose for which the land is taken.

(4) But in no case shall subsection (3) operate so as to require any payment to be made by the claimant in consideration of such enhancement of value.

(5) In this section—

"costs attributable to disturbance" , in relation to the taking of land, means all or any of the following—

(a) legal costs and valuation or other professional fees reasonably incurred by the claimant in relation to the preparation and filing of the claimant’s claim for compensation;

(b) the following costs relating to the purchase of land by a claimant to replace the land taken—

(i) stamp duty reasonably incurred or that might reasonably be incurred by the claimant, but not more than the amount of stamp duty that would be incurred for the purchase of land of equivalent value to the land taken;

(ii) financial costs reasonably incurred or that might reasonably be incurred by the claimant in relation to the discharge of a mortgage and the execution of a new mortgage, but not more than the amount that would be incurred if the new mortgage secured the repayment of the balance owing in relation to the discharged mortgage;

(iii) legal costs reasonably incurred by the claimant;

(iv) other financial costs, other than any taxation liability, reasonably incurred by the claimant;

(c) removal and storage costs reasonably incurred by the claimant in relocating from the land taken;

(d) costs reasonably incurred by the claimant to connect to any services or utilities on relocating from the land taken;

(e) other financial costs that are reasonably incurred or that might reasonably be incurred by the claimant, relating to the use of the land taken, as a direct and natural consequence of the taking of the land;

(f) an amount reasonably attributed to the loss of profits resulting from interruption to the claimant’s business that is a direct and natural consequence of the taking of the land;

(g) other economic losses and costs reasonably incurred by the claimant that are a direct and natural consequence of the taking of the land.

Example of costs for paragraph (g)—

cost of school uniforms for children enrolled in a new school because of relocation from the land taken