Queensland Consolidated Acts

LOCAL GOVERNMENT ACT 2009 - SECT 71

71 Road levels

(1) The owner or occupier of land that adjoins a road may give notice to the local government requiring it to advise the owner or occupier of the permanent level that is fixed or to be fixed for the road.

(2) If the local government has not, within 6 months after receiving the notice, given the owner or occupier written advice about the permanent level of the road, the local government is taken to have fixed the apparent level of the road when the notice was given as the permanent level of the road.

(3) If—

(a) after a local government has fixed the permanent level of a road, the local government changes the level of the road; and

(b) the owner or occupier of land that adjoins the road is injuriously affected by the change;

the local government must pay the owner or occupier, or their successor in title, compensation.

(4) The compensation equals—

(a) the amount that is agreed between the owner or occupier, or their successor in title, and the local government; or

(b) if the owner or occupier, or their successor in title, and the local government can not agree—the amount that is decided by the Planning and Environment Court.