QLDIn ForceAct
Acquisition of Land Act 1967
sec.26AJurisdiction about recovery of advance against compensation
Start here
Get a plain-English read of sec.26A
Turn the raw legal text into a practical explanation grounded in Acquisition of Land Act 1967.
### sec.26A Jurisdiction about recovery of advance against compensation
This section applies if, in relation to land taken—
a constructing authority advances an amount to a claimant under section 23 ; and
the Land Court later decides an amount of compensation payable to the claimant that is less than the amount mentioned in paragraph (a) .
The amount (the outstanding amount ) that is the difference between the following amounts is an amount owing to the constructing authority by the claimant—
the amount mentioned in subsection (1) (a) ;
the total of the amount of compensation decided by the Land Court and any interest payable on that amount to the claimant.
The Land Court has jurisdiction to make an order that the outstanding amount be paid by the claimant to the constructing authority.
The Land Court may make an order under subsection (3) at any time after it decides the amount of compensation.
The Land Court may order the claimant to pay interest on the outstanding amount for all or any part of the period—
starting on the day the amount mentioned in subsection (1) (a) was advanced to the claimant; and
ending at the beginning of the day the claimant pays the outstanding amount to the constructing authority.
Interest mentioned in subsection (5) is payable by the claimant—
at the rate stated in the order that the Land Court considers appropriate; and
when the outstanding amount is payable.
An order under subsection (3) may be enforced as if it were an order made by the Supreme Court.
s 26A ins 2009 No. 5 s 16
(sec.26A-ssec.1) This section applies if, in relation to land taken— a constructing authority advances an amount to a claimant under section 23 ; and the Land Court later decides an amount of compensation payable to the claimant that is less than the amount mentioned in paragraph (a) .
(sec.26A-ssec.2) The amount (the outstanding amount ) that is the difference between the following amounts is an amount owing to the constructing authority by the claimant— the amount mentioned in subsection (1) (a) ; the total of the amount of compensation decided by the Land Court and any interest payable on that amount to the claimant.
(sec.26A-ssec.3) The Land Court has jurisdiction to make an order that the outstanding amount be paid by the claimant to the constructing authority.
(sec.26A-ssec.4) The Land Court may make an order under subsection (3) at any time after it decides the amount of compensation.
(sec.26A-ssec.5) The Land Court may order the claimant to pay interest on the outstanding amount for all or any part of the period— starting on the day the amount mentioned in subsection (1) (a) was advanced to the claimant; and ending at the beginning of the day the claimant pays the outstanding amount to the constructing authority.
(sec.26A-ssec.6) Interest mentioned in subsection (5) is payable by the claimant— at the rate stated in the order that the Land Court considers appropriate; and when the outstanding amount is payable.
(sec.26A-ssec.7) An order under subsection (3) may be enforced as if it were an order made by the Supreme Court.
- (a) a constructing authority advances an amount to a claimant under section 23 ; and
- (b) the Land Court later decides an amount of compensation payable to the claimant that is less than the amount mentioned in paragraph (a) .
- (a) the amount mentioned in subsection (1) (a) ;
- (b) the total of the amount of compensation decided by the Land Court and any interest payable on that amount to the claimant.
- (a) starting on the day the amount mentioned in subsection (1) (a) was advanced to the claimant; and
- (b) ending at the beginning of the day the claimant pays the outstanding amount to the constructing authority.
- (a) at the rate stated in the order that the Land Court considers appropriate; and
- (b) when the outstanding amount is payable.