Queensland Consolidated Acts

LAND ACT 1994 - SECT 38G

38G Dealing with improvements

(1) An owner of improvements on a deed of grant in trust that has been cancelled under this division may apply, in writing to the chief executive, to remove the owner’s improvements on the deed of grant in trust.

(2) The owner may remove the improvements only with the written approval of, and within a time stated by, the chief executive.

(3) The improvements become the property of the State if—

(a) the chief executive has not given written approval for their removal; or

(b) the chief executive has given written approval for their removal but the improvements have not been removed within the time stated by the chief executive.

(4) However, if the land the subject of cancellation is leased or sold, the owner has a right to payment for the improvements under chapter 5 , part 5 .

(5) In this section—

"owner" , of improvements, means—

(a) if the trustee under the cancelled deed of grant in trust owned the improvements—the trustee; or

(b) a person who—

(i) made the improvements with the trustee’s authority; and

(ii) owned the improvements.