QLDIn ForceAct
Queen’s Wharf Brisbane Act 2016
sec.47Compensation
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### sec.47 Compensation
This section applies to a person who has an interest in land, other than an interest under a services contract for the land, if the interest ends on the registration of a Queen’s Wharf tenure under section 46 (6) .
The person has a right to claim compensation for the ending of the interest by using the process stated in the Acquisition of Land Act 1967 , section 12 (5A) and (5B) and part 4 .
For applying the Acquisition of Land Act 1967 under subsection (2) —
the State is the constructing authority; and
a reference to land taken, or an interest in land taken, under that Act is taken to be a reference to the interest to which this section applies; and
for section 24 (2A) of that Act, a claimant refers a claim for compensation to the Land Court by filing in the office of the registrar of the court copies of the claim given by the claimant to the State and a copy of the declaration for the Queen’s Wharf tenure (the relevant declaration); and
the reference in section 24 (5) of that Act to the date of the gazette containing the gazette resumption notice taking the land is taken to be a reference to the date of the relevant declaration; and
the process under that Act applies even if—
the purpose stated in the relevant declaration is not a purpose for which land may be taken under that Act; or
the relevant declaration is ultimately for the purpose of conferring rights and interests on a person other than the State.
Other than as stated in this section, a person has no right to compensation for the effect of a declaration.
In this section—
services contract , for land, see the Acquisition of Land Act 1967 , section 12 (9) .
(sec.47-ssec.1) This section applies to a person who has an interest in land, other than an interest under a services contract for the land, if the interest ends on the registration of a Queen’s Wharf tenure under section 46 (6) .
(sec.47-ssec.2) The person has a right to claim compensation for the ending of the interest by using the process stated in the Acquisition of Land Act 1967 , section 12 (5A) and (5B) and part 4 .
(sec.47-ssec.3) For applying the Acquisition of Land Act 1967 under subsection (2) — the State is the constructing authority; and a reference to land taken, or an interest in land taken, under that Act is taken to be a reference to the interest to which this section applies; and for section 24 (2A) of that Act, a claimant refers a claim for compensation to the Land Court by filing in the office of the registrar of the court copies of the claim given by the claimant to the State and a copy of the declaration for the Queen’s Wharf tenure (the relevant declaration); and the reference in section 24 (5) of that Act to the date of the gazette containing the gazette resumption notice taking the land is taken to be a reference to the date of the relevant declaration; and the process under that Act applies even if— the purpose stated in the relevant declaration is not a purpose for which land may be taken under that Act; or the relevant declaration is ultimately for the purpose of conferring rights and interests on a person other than the State.
(sec.47-ssec.4) Other than as stated in this section, a person has no right to compensation for the effect of a declaration.
(sec.47-ssec.5) In this section— services contract , for land, see the Acquisition of Land Act 1967 , section 12 (9) .
- (a) the State is the constructing authority; and
- (b) a reference to land taken, or an interest in land taken, under that Act is taken to be a reference to the interest to which this section applies; and
- (c) for section 24 (2A) of that Act, a claimant refers a claim for compensation to the Land Court by filing in the office of the registrar of the court copies of the claim given by the claimant to the State and a copy of the declaration for the Queen’s Wharf tenure (the relevant declaration); and
- (d) the reference in section 24 (5) of that Act to the date of the gazette containing the gazette resumption notice taking the land is taken to be a reference to the date of the relevant declaration; and
- (e) the process under that Act applies even if— (i) the purpose stated in the relevant declaration is not a purpose for which land may be taken under that Act; or (ii) the relevant declaration is ultimately for the purpose of conferring rights and interests on a person other than the State.
- (i) the purpose stated in the relevant declaration is not a purpose for which land may be taken under that Act; or
- (ii) the relevant declaration is ultimately for the purpose of conferring rights and interests on a person other than the State.
- (i) the purpose stated in the relevant declaration is not a purpose for which land may be taken under that Act; or
- (ii) the relevant declaration is ultimately for the purpose of conferring rights and interests on a person other than the State.