Queensland Consolidated Acts

NATURE CONSERVATION ACT 1992 - SECT 137A

137A Compensation if landholder’s interest in land injuriously affected

(1) This section applies if—

(a) a regulation is made, or a conservation plan is approved, for an area identified under the regulation or plan as, or including, a critical habitat or an area of major interest; and

(b) a landholder’s interest in land in the area is injuriously affected by a restriction or prohibition imposed under the regulation or plan on the landholder’s existing use of the land.

(2) The landholder is entitled to be paid by the State the reasonable compensation because of the restriction or prohibition that is agreed between the State and the landholder or, failing agreement, decided by the Land Court.

(3) The landholder’s interest in the land is not injuriously affected if the restriction or prohibition under the regulation or conservation plan is the same, or to the same effect, as a provision of another law applying to the land immediately before the restriction or prohibition started applying to the land.

(4) Compensation is not payable if compensation has already been paid for—

(a) the restriction or prohibition; or

(b) a restriction or prohibition to the same effect.

(5) A claim for compensation must—

(a) be made in a form approved by the chief executive; and

(b) be made to the chief executive within 6 months after the making of the regulation or approval of the conservation plan, or the longer period the chief executive or Land Court in special circumstances allows.

(6) In making a determination, the Land Court must have regard to the following matters—

(a) the capacity of the land to sustain the existing use;

(b) any change in the value of the land because of the making of the regulation or approval of the conservation plan;

(c) any change in the profitability of the land because of the making of the regulation or approval of the conservation plan;

(d) any conservation agreement with the landholder.

(7) Subsection (6) does not limit the matters to which the Land Court may have regard in making a determination.

(8) In this section—

"existing use" of land includes a lawful use made of the land immediately before the restriction or prohibition imposed under the regulation or conservation plan mentioned in subsection (1) started applying to the land.