Queensland Numbered Acts

PLANNING ACT 2016 - SECT 220

220 Compensation for loss

(1) A person may claim compensation from the State if the person incurs loss because of the exercise, or purported exercise, of a power by or for an inspector, including a loss arising from compliance with a requirement made of the person under division 2, 3 or 4.

(2) The compensation may be claimed and ordered in a proceeding—

(a) brought in a court with jurisdiction for the recovery of the amount of compensation claimed; or

(b) for an alleged offence against this Act, the investigation of which gave rise to the claim for compensation.

(3) A court may order the payment of compensation only if it is satisfied it is just to make the order in the circumstances.

(4) When considering whether it is just to order compensation, the court must consider—

(a) any relevant offence committed by the claimant; and

(b) whether the loss arose from a lawful seizure or lawful forfeiture.

(5) A regulation may prescribe other matters that may, or must, be taken into account by the court when considering whether it is just to order compensation.

(6) Section 218 does not provide for a statutory right of compensation other than is provided by this section.

(7) In this section—

"loss" includes costs and damage.