QLDIn ForceAct
Local Government Act 2009
sec.90CInvalidity of major policy decision in caretaker period without approval
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### sec.90C Invalidity of major policy decision in caretaker period without approval
A major policy decision made by a local government during a caretaker period for the local government is invalid to the extent the local government—
does not have the Minister’s approval under section 90BA or 90BB to make the decision; or
does not comply with any conditions of the approval under section 90BA (4) or 90BB (4) .
A contract is void if it is the subject of a major policy decision that is invalid.
A person who acts in good faith in relation to a major policy decision of a local government, or in relation to a contract that is the subject of a major policy decision, but who suffers loss or damage because of any invalidity of the decision under subsection (1) or because the contract is void under subsection (2) , has a right to be compensated by the local government for the loss or damage.
The person may bring a proceeding to recover the compensation in a court of competent jurisdiction.
s 90C ins 2011 No. 27 s 272
amd 2026 No. 5 s 141 sch 1 pt 1
(sec.90C-ssec.1) A major policy decision made by a local government during a caretaker period for the local government is invalid to the extent the local government— does not have the Minister’s approval under section 90BA or 90BB to make the decision; or does not comply with any conditions of the approval under section 90BA (4) or 90BB (4) .
(sec.90C-ssec.2) A contract is void if it is the subject of a major policy decision that is invalid.
(sec.90C-ssec.3) A person who acts in good faith in relation to a major policy decision of a local government, or in relation to a contract that is the subject of a major policy decision, but who suffers loss or damage because of any invalidity of the decision under subsection (1) or because the contract is void under subsection (2) , has a right to be compensated by the local government for the loss or damage.
(sec.90C-ssec.4) The person may bring a proceeding to recover the compensation in a court of competent jurisdiction.
- (a) does not have the Minister’s approval under section 90BA or 90BB to make the decision; or
- (b) does not comply with any conditions of the approval under section 90BA (4) or 90BB (4) .