QLDIn ForceAct
Transport Infrastructure Act 1994
sec.105JACompensation
Start here
Get a plain-English read of sec.105JA
Turn the raw legal text into a practical explanation grounded in Transport Infrastructure Act 1994.
### sec.105JA Compensation
Subsection (3) applies to a person who has an interest in land declared to be local government tollway corridor land under section 105H .
However, subsection (3) does not apply if the interest—
is continued under section 105H (9) ; or
is an interest under a services contract for the land.
The person has a right to claim compensation under the Acquisition of Land Act 1967 , section 12 (5A) and (5B) and part 4 as if the interest were land taken by the State under that Act.
For applying the Acquisition of Land Act 1967 under subsection (3) —
the State is the constructing authority; 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 the gazette notice for the 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 gazette containing the gazette notice for the declaration.
Other than as stated in this section, a person has no right to compensation for the declaration of land as local government tollway corridor land under section 105H .
s 105JA ins 2010 No. 19 s 204
(sec.105JA-ssec.1) Subsection (3) applies to a person who has an interest in land declared to be local government tollway corridor land under section 105H .
(sec.105JA-ssec.2) However, subsection (3) does not apply if the interest— is continued under section 105H (9) ; or is an interest under a services contract for the land.
(sec.105JA-ssec.3) The person has a right to claim compensation under the Acquisition of Land Act 1967 , section 12 (5A) and (5B) and part 4 as if the interest were land taken by the State under that Act.
(sec.105JA-ssec.4) For applying the Acquisition of Land Act 1967 under subsection (3) — the State is the constructing authority; 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 the gazette notice for the 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 gazette containing the gazette notice for the declaration.
(sec.105JA-ssec.5) Other than as stated in this section, a person has no right to compensation for the declaration of land as local government tollway corridor land under section 105H .
- (a) is continued under section 105H (9) ; or
- (b) is an interest under a services contract for the land.
- (a) the State is the constructing authority; and
- (b) 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 the gazette notice for the declaration; and
- (c) 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 gazette containing the gazette notice for the declaration.