QLDIn ForceAct
Local Government Act 2009
sec.63Appeal on a claim for compensation
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### sec.63 Appeal on a claim for compensation
A person who is aggrieved by the decision of a local government on a claim for compensation may appeal against the decision to the Land Court.
The appeal must be started within 30 days after—
notice of the decision is given to the claimant; or
the decision is taken to have been made.
However, the Land Court may extend the period if satisfied in all the circumstances that it is reasonable to do so.
In order to award compensation, the Land Court must be satisfied—
if the land has been sold—
the seller took reasonable steps to obtain a reasonable price for the land; and
the seller sold the land in good faith; and
the sale price is less than the seller might reasonably have expected to receive had there been no notice of intention to acquire land; or
if a local government refused the owner permission to erect, place, re-erect, replace or repair any structure, or part of a structure, on the land—the permission was applied for in good faith.
s 63 amd 2012 No. 33 s 97
(sec.63-ssec.1) A person who is aggrieved by the decision of a local government on a claim for compensation may appeal against the decision to the Land Court.
(sec.63-ssec.2) The appeal must be started within 30 days after— notice of the decision is given to the claimant; or the decision is taken to have been made.
(sec.63-ssec.3) However, the Land Court may extend the period if satisfied in all the circumstances that it is reasonable to do so.
(sec.63-ssec.4) In order to award compensation, the Land Court must be satisfied— if the land has been sold— the seller took reasonable steps to obtain a reasonable price for the land; and the seller sold the land in good faith; and the sale price is less than the seller might reasonably have expected to receive had there been no notice of intention to acquire land; or if a local government refused the owner permission to erect, place, re-erect, replace or repair any structure, or part of a structure, on the land—the permission was applied for in good faith.
- (a) notice of the decision is given to the claimant; or
- (b) the decision is taken to have been made.
- (a) if the land has been sold— (i) the seller took reasonable steps to obtain a reasonable price for the land; and (ii) the seller sold the land in good faith; and (iii) the sale price is less than the seller might reasonably have expected to receive had there been no notice of intention to acquire land; or
- (i) the seller took reasonable steps to obtain a reasonable price for the land; and
- (ii) the seller sold the land in good faith; and
- (iii) the sale price is less than the seller might reasonably have expected to receive had there been no notice of intention to acquire land; or
- (b) if a local government refused the owner permission to erect, place, re-erect, replace or repair any structure, or part of a structure, on the land—the permission was applied for in good faith.
- (i) the seller took reasonable steps to obtain a reasonable price for the land; and
- (ii) the seller sold the land in good faith; and
- (iii) the sale price is less than the seller might reasonably have expected to receive had there been no notice of intention to acquire land; or