Queensland Consolidated Acts

NATURE CONSERVATION ACT 1992 - SECT 67

67 Compensation when nature refuge declared

(1) This section applies if a nature refuge is declared under section 49 .

(2) If a landholder’s interest in land is injuriously affected by a restriction or prohibition imposed under the declaration on the landholder’s existing use of the land, 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 declaration is the same, or to the same effect, as a provision of another law applying to the land immediately before the commencement of the declaration.

(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 declaration of the nature refuge, 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 declaration;

(c) any change in the profitability of the land because of the declaration.

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

(8) Subsection (2) does not apply to land if—

(a) when the nature refuge is declared, the area the subject of the declaration is identified as, or including, a critical habitat or an area of major interest in—

(i) a regulation (the
"first regulation" ); or

(ii) a conservation plan; and

(b) the regulation making the declaration declares that the first regulation or conservation plan continues to apply to the area after the declaration; and

(c) the landholder receives, or is entitled to receive, compensation under section 137A in relation to the land because of the making of the first regulation or approval of the conservation plan.

(9) In this section—

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