sec.18By whom compensation may be claimed

### sec.18 By whom compensation may be claimed Subject to subsections (2) , (3) , (4A) and (5) compensation whereto a right is had under section 12 may be claimed from the constructing authority under, subject to and in accordance with the provisions of this part. In the case of the inability or incapacity of any person entitled to claim, the claim may be made by the person’s guardian, trustee or committee or, if there is no guardian, trustee or committee, the Public Trustee of Queensland. Compensation shall not be claimable by or payable to a person who is lessee, tenant or licensee of any land taken if the constructing authority upon written application allows the person’s estate or interest to continue uninterrupted. If a person’s investment property is taken under this Act, compensation for costs mentioned in the definition costs attributable to disturbance , paragraphs (a) and (b) , under section 20 (5) is claimable by, and payable to, the person for the purchase of land by the person to replace the investment property. Subsection (4A) applies to land under the Land Title Act 1994 . Where, in respect of an estate or interest in the land taken which is not duly registered or notified in the land registry, a claimant makes a claim for compensation subsequent to the payment to another claimant of compensation in respect of a greater estate or interest in the land taken which included the unregistered or unnotified estate or interest pursuant to a claim made by such other claimant in or in connection with which the first mentioned claimant did not disclose in writing such unregistered or unnotified estate or interest, the claimant first mentioned in this subsection shall not be entitled to any compensation whatever from the constructing authority. The claim for compensation of a trustee or trustees of any land in respect of the taking thereof shall be limited to the amount of actual damage caused to the trust by reason of the taking, and no such trustee shall have any other right, remedy, or claim whatsoever in respect of such taking against the Crown or any other person whomsoever and this Act and every other relevant Act or law or rule, practice, or process of law, or judgment of any court of competent jurisdiction, shall be read, construed and applied subject to this subsection. For the purposes of a claim for compensation in respect of common property under and within the meaning of the Building Units and Group Titles Act 1980 , the body corporate constituted under that Act by the proprietors within the meaning thereof of the units comprised in the building units plan concerned shall be deemed to be the owner of such common property. Except by unanimous resolution of all proprietors such body corporate shall not agree upon the amount of compensation. Unless otherwise agreed by unanimous resolution of all proprietors, the amount of compensation shall be distributed among the proprietors in shares proportional to the unit entitlements of their respective units. For a claim for compensation for common property for a community titles scheme, the body corporate for the scheme is taken to be the owner of the common property. However— the body corporate may agree on the amount of compensation only by resolution without dissent; and unless the body corporate agrees by resolution without dissent to a different distribution of the compensation, it must be distributed among the owners of lots in shares proportionate to the respective interest schedule lot entitlements of their lots. In subsections (9) and (10) , the following words have the meanings given by the Body Corporate and Community Management Act 1997 — body corporate common property community titles scheme interest schedule lot entitlement lot owner resolution without dissent. Subsection (13) applies to the proprietor of a lot in a building units plan under the Building Units and Group Titles Act 1980 , or the owner of a lot in a community titles scheme under the Body Corporate and Community Management Act 1997 , in relation to which a claim for compensation for common property mentioned in subsection (6) or (9) is made. The making of the claim for compensation for the common property does not stop the proprietor or owner making a claim for compensation for damage suffered by the proprietor or owner as a result of the taking of the common property and the effect of the taking on the proprietor’s or owner’s lot. In subsection (3A) — investment property , of a person, means any land held by the person for investment purposes. s 18 amd 1992 No. 64 s 3 sch 1 ; 1997 No. 28 s 295 sch 3 ; 1998 No. 48 s 17 sch ; 2009 No. 5 s 12 (sec.18-ssec.1) Subject to subsections (2) , (3) , (4A) and (5) compensation whereto a right is had under section 12 may be claimed from the constructing authority under, subject to and in accordance with the provisions of this part. (sec.18-ssec.2) In the case of the inability or incapacity of any person entitled to claim, the claim may be made by the person’s guardian, trustee or committee or, if there is no guardian, trustee or committee, the Public Trustee of Queensland. (sec.18-ssec.3) Compensation shall not be claimable by or payable to a person who is lessee, tenant or licensee of any land taken if the constructing authority upon written application allows the person’s estate or interest to continue uninterrupted. (sec.18-ssec.3A) If a person’s investment property is taken under this Act, compensation for costs mentioned in the definition costs attributable to disturbance , paragraphs (a) and (b) , under section 20 (5) is claimable by, and payable to, the person for the purchase of land by the person to replace the investment property. (sec.18-ssec.4) Subsection (4A) applies to land under the Land Title Act 1994 . (sec.18-ssec.4A) Where, in respect of an estate or interest in the land taken which is not duly registered or notified in the land registry, a claimant makes a claim for compensation subsequent to the payment to another claimant of compensation in respect of a greater estate or interest in the land taken which included the unregistered or unnotified estate or interest pursuant to a claim made by such other claimant in or in connection with which the first mentioned claimant did not disclose in writing such unregistered or unnotified estate or interest, the claimant first mentioned in this subsection shall not be entitled to any compensation whatever from the constructing authority. (sec.18-ssec.5) The claim for compensation of a trustee or trustees of any land in respect of the taking thereof shall be limited to the amount of actual damage caused to the trust by reason of the taking, and no such trustee shall have any other right, remedy, or claim whatsoever in respect of such taking against the Crown or any other person whomsoever and this Act and every other relevant Act or law or rule, practice, or process of law, or judgment of any court of competent jurisdiction, shall be read, construed and applied subject to this subsection. (sec.18-ssec.6) For the purposes of a claim for compensation in respect of common property under and within the meaning of the Building Units and Group Titles Act 1980 , the body corporate constituted under that Act by the proprietors within the meaning thereof of the units comprised in the building units plan concerned shall be deemed to be the owner of such common property. (sec.18-ssec.7) Except by unanimous resolution of all proprietors such body corporate shall not agree upon the amount of compensation. (sec.18-ssec.8) Unless otherwise agreed by unanimous resolution of all proprietors, the amount of compensation shall be distributed among the proprietors in shares proportional to the unit entitlements of their respective units. (sec.18-ssec.9) For a claim for compensation for common property for a community titles scheme, the body corporate for the scheme is taken to be the owner of the common property. (sec.18-ssec.10) However— the body corporate may agree on the amount of compensation only by resolution without dissent; and unless the body corporate agrees by resolution without dissent to a different distribution of the compensation, it must be distributed among the owners of lots in shares proportionate to the respective interest schedule lot entitlements of their lots. (sec.18-ssec.11) In subsections (9) and (10) , the following words have the meanings given by the Body Corporate and Community Management Act 1997 — body corporate common property community titles scheme interest schedule lot entitlement lot owner resolution without dissent. (sec.18-ssec.12) Subsection (13) applies to the proprietor of a lot in a building units plan under the Building Units and Group Titles Act 1980 , or the owner of a lot in a community titles scheme under the Body Corporate and Community Management Act 1997 , in relation to which a claim for compensation for common property mentioned in subsection (6) or (9) is made. (sec.18-ssec.13) The making of the claim for compensation for the common property does not stop the proprietor or owner making a claim for compensation for damage suffered by the proprietor or owner as a result of the taking of the common property and the effect of the taking on the proprietor’s or owner’s lot. (sec.18-ssec.14) In subsection (3A) — investment property , of a person, means any land held by the person for investment purposes. - (a) the body corporate may agree on the amount of compensation only by resolution without dissent; and - (b) unless the body corporate agrees by resolution without dissent to a different distribution of the compensation, it must be distributed among the owners of lots in shares proportionate to the respective interest schedule lot entitlements of their lots. - • body corporate - • common property - • community titles scheme - • interest schedule lot entitlement - • lot - • owner - • resolution without dissent.