Queensland Consolidated Acts

SUGAR INDUSTRY ACT 1999 - SECT 68

68 Compensation on grant of access right

(1) Subject to subsection (6) , if the Land Court or a landholder grants an access right, the landholder whose land is affected and the grantee of the access right may agree on the amount of any compensation payable to the landholder.

(2) If the landholder and grantee can not agree, either of them may apply to the Land Court for an order.

(3) On an application under subsection (2) , the Land Court may decide the amount of any compensation payable by the grantee to the landholder and make an order for payment.

(4) In deciding the amount of compensation, the Land Court must have regard to the following matters—

(a) if the granting of the access right effectively severs land in which the landholder has an interest from other land in which the landholder has an interest—any change in the values of those interests;

(b) any change in the value of any interest in any land held by the landholder that otherwise happens because of the granting of the access right;

(c) any loss, injury or damage suffered by the landholder, or expense reasonably incurred by the landholder, as a direct, natural and reasonable consequence of the granting of the access right;

(d) anything else relevant to deciding what is just and reasonable compensation for the granting of the access right.

(5) For calculating the change in the value of an interest in land under subsection (4) , the changed value of the interest must be decided as at the day the access right was granted.

(6) The Land Court, in granting a permit to pass, may order the grantee to pay to the landholder whose land is affected by the permit 1 or both of the following—

(a) an amount, or amounts from time to time, towards the cost to the landholder of the use of the permit;

(b) an amount as compensation for significant detriment to the landholder’s use of the land.