QLDIn ForceAct
State Development and Public Works Organisation Act 1971
sec.153Release of bond or security deposit
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### sec.153 Release of bond or security deposit
This section applies if, under a condition of an investigator’s authority, a bond or security deposit is required to be lodged with the Coordinator-General.
The Coordinator-General may keep the bond or security deposit until—
if the owner of the land does not give a notice of damage within the prescribed time—1 year after the investigator’s authority expires; or
if the owner of the land gives a notice of damage within the prescribed time and the Coordinator-General is satisfied the damage or loss has been repaired or rectified or compensation for the damage or loss has been paid to the owner—the damage or loss has been repaired or rectified or the compensation has been paid.
If the owner of the land gives a notice of damage within the prescribed time and the Coordinator-General is satisfied the damage or loss has not been repaired or rectified or compensation for the damage or loss has not been paid to the owner the Coordinator-General—
may use the bond or security deposit to repair or rectify the damage or loss or pay compensation to the owner; and
must pay the balance, if any, to the investigator.
In this section—
notice of damage means a notice under section 151 .
prescribed time , for giving a notice of damage arising out of the entry onto land by an investigator, means 1 year after the investigator was last on the land.
s 153 ins 1999 No. 32 s 15
(sec.153-ssec.1) This section applies if, under a condition of an investigator’s authority, a bond or security deposit is required to be lodged with the Coordinator-General.
(sec.153-ssec.2) The Coordinator-General may keep the bond or security deposit until— if the owner of the land does not give a notice of damage within the prescribed time—1 year after the investigator’s authority expires; or if the owner of the land gives a notice of damage within the prescribed time and the Coordinator-General is satisfied the damage or loss has been repaired or rectified or compensation for the damage or loss has been paid to the owner—the damage or loss has been repaired or rectified or the compensation has been paid.
(sec.153-ssec.3) If the owner of the land gives a notice of damage within the prescribed time and the Coordinator-General is satisfied the damage or loss has not been repaired or rectified or compensation for the damage or loss has not been paid to the owner the Coordinator-General— may use the bond or security deposit to repair or rectify the damage or loss or pay compensation to the owner; and must pay the balance, if any, to the investigator.
(sec.153-ssec.4) In this section— notice of damage means a notice under section 151 . prescribed time , for giving a notice of damage arising out of the entry onto land by an investigator, means 1 year after the investigator was last on the land.
- (a) if the owner of the land does not give a notice of damage within the prescribed time—1 year after the investigator’s authority expires; or
- (b) if the owner of the land gives a notice of damage within the prescribed time and the Coordinator-General is satisfied the damage or loss has been repaired or rectified or compensation for the damage or loss has been paid to the owner—the damage or loss has been repaired or rectified or the compensation has been paid.
- (a) may use the bond or security deposit to repair or rectify the damage or loss or pay compensation to the owner; and
- (b) must pay the balance, if any, to the investigator.