Queensland Consolidated Acts

PLANNING ACT 2016 - SECT 32

32 Deciding compensation claim

(1) If an affected owner makes a compensation claim to a local government, the local government must decide—

(a) to approve all or part of the claim; or

(b) to refuse the claim; or

(c) if the claim relates to a public purpose change—to give a notice of intention to resume the affected owner’s interest in premises under the Acquisition Act , section 7 .

(2) If the claim relates to a public purpose change, the local government may also decide to amend the planning scheme to allow premises to be used for the purposes that the premises could be used for under the superseded planning scheme.

(3) The local government’s chief executive officer must, within 70 business days after the claim is made, give the affected owner—

(a) if subsection (1) (c) applies—the notice of intention to resume; or

(b) otherwise—a notice that states—

(i) the local government’s decision; and

(ii) if the local government decides to approve all or part of the claim—the amount of compensation to be paid; and

(iii) the affected owner’s appeal rights.

(4) If a notice of intention to resume is withdrawn or lapses, the local government’s chief executive officer must comply with subsection (3) (b) , within 20 business days after the notice of intention to resume is withdrawn or lapses.

(5) If the local government approves all or part of the claim, the local government must pay the compensation within 30 business days after—

(a) if the decision is not appealed—the appeal period ends; or

(b) if the decision is appealed—the appeal ends.