Queensland Numbered Acts

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QUEEN'S WHARF BRISBANE ACT 2016 - SECT 47

Compensation

47 Compensation

(1) This section applies to a person who has an interest in land, other than an interest under a services contract for the land, if the interest ends on the registration of a Queen’s Wharf tenure under section 46(6).
(2) The person has a right to claim compensation for the ending of the interest by using the process stated in the Acquisition of Land Act 1967, section 12(5A) and (5B) and part 4.
(3) For applying the Acquisition of Land Act 1967 under subsection (2)—
(a) the State is the constructing authority; and
(b) a reference to land taken, or an interest in land taken, under that Act is taken to be a reference to the interest to which this section applies; and
(c) for section 24(2A) of that Act, a claimant refers a claim for compensation to the Land Court by filing in the office of the registrar of the court copies of the claim given by the claimant to the State and a copy of the declaration for the Queen’s Wharf tenure (the relevant declaration); and
(d) the reference in section 24(5) of that Act to the date of the gazette containing the gazette resumption notice taking the land is taken to be a reference to the date of the relevant declaration; and
(e) the process under that Act applies even if—
(i) the purpose stated in the relevant declaration is not a purpose for which land may be taken under that Act; or
(ii) the relevant declaration is ultimately for the purpose of conferring rights and interests on a person other than the State.
(4) Other than as stated in this section, a person has no right to compensation for the effect of a declaration.
(5) In this section—

"services contract" , for land, see the Acquisition of Land Act 1967 , section 12(9).



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