QLDIn ForceAct
Acquisition of Land Act 1967
sec.29Where right to compensation is questioned
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### sec.29 Where right to compensation is questioned
Where the title by reason whereof compensation is claimed under this Act comes in question—
in the Land Court or, upon appeal, the Land Appeal Court during the hearing and determination of the claim for compensation; or
during negotiations between the constructing authority and the claimant;
nevertheless the said court shall have power to determine or, as the case may be, the constructing authority and the claimant may agree upon the amount of the compensation to be paid.
In such case the constructing authority shall pay the amount of compensation determined or agreed upon into the Supreme Court.
Where subsequent to the date when compensation has been determined or agreed upon, but before the constructing authority has paid the compensation to the claimant, the title by reason whereof the compensation was claimed under this Act comes in question to the knowledge of the constructing authority, it shall pay the amount of the compensation into the Supreme Court.
A constructing authority may pay into the Supreme Court the amount of any compensation under this Act where—
the person to whom the amount is payable fails or refuses to accept payment thereof; or
the constructing authority is unable for any reason whatsoever to make to the claimant payment of the amount or to obtain from the claimant a good and sufficient discharge for such payment.
The payment pursuant to a provision of this section of any amount of compensation into the Supreme Court shall discharge in full the liability of the constructing authority to pay that amount pursuant to the determination or agreement by virtue whereof it became payable.
Upon application in that behalf the Supreme Court or a judge thereof may order that any money paid into that court pursuant to a provision of this section or part thereof shall be paid to or applied for the benefit of such person as the said court or judge finds to be entitled thereto.
The said court or judge may subject such order to such terms and conditions as the court or judge deems just and may, at the court’s or judge’s discretion, order any party to the application to pay to any other party thereto such costs as the court or judge deems just.
(sec.29-ssec.1) Where the title by reason whereof compensation is claimed under this Act comes in question— in the Land Court or, upon appeal, the Land Appeal Court during the hearing and determination of the claim for compensation; or during negotiations between the constructing authority and the claimant; nevertheless the said court shall have power to determine or, as the case may be, the constructing authority and the claimant may agree upon the amount of the compensation to be paid.
(sec.29-ssec.1A) In such case the constructing authority shall pay the amount of compensation determined or agreed upon into the Supreme Court.
(sec.29-ssec.2) Where subsequent to the date when compensation has been determined or agreed upon, but before the constructing authority has paid the compensation to the claimant, the title by reason whereof the compensation was claimed under this Act comes in question to the knowledge of the constructing authority, it shall pay the amount of the compensation into the Supreme Court.
(sec.29-ssec.3) A constructing authority may pay into the Supreme Court the amount of any compensation under this Act where— the person to whom the amount is payable fails or refuses to accept payment thereof; or the constructing authority is unable for any reason whatsoever to make to the claimant payment of the amount or to obtain from the claimant a good and sufficient discharge for such payment.
(sec.29-ssec.4) The payment pursuant to a provision of this section of any amount of compensation into the Supreme Court shall discharge in full the liability of the constructing authority to pay that amount pursuant to the determination or agreement by virtue whereof it became payable.
(sec.29-ssec.5) Upon application in that behalf the Supreme Court or a judge thereof may order that any money paid into that court pursuant to a provision of this section or part thereof shall be paid to or applied for the benefit of such person as the said court or judge finds to be entitled thereto.
(sec.29-ssec.6) The said court or judge may subject such order to such terms and conditions as the court or judge deems just and may, at the court’s or judge’s discretion, order any party to the application to pay to any other party thereto such costs as the court or judge deems just.
- (a) in the Land Court or, upon appeal, the Land Appeal Court during the hearing and determination of the claim for compensation; or
- (b) during negotiations between the constructing authority and the claimant;
- (a) the person to whom the amount is payable fails or refuses to accept payment thereof; or
- (b) the constructing authority is unable for any reason whatsoever to make to the claimant payment of the amount or to obtain from the claimant a good and sufficient discharge for such payment.