QLDIn ForceAct
Water Act 2000
sec.991Calculating reasonable compensation involving changes
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### sec.991 Calculating reasonable compensation involving changes
For compensation payable because of a change, reasonable compensation is the difference between the market values, appropriately adjusted having regard to the following matters, to the extent they are relevant—
any benefit accruing to the claimant from the change, including, but not limited to, the likelihood of improved water services;
if the claimant has an authority to take water in addition to the water allocation for which the claim is made, any benefit accruing to the authority because of—
the change or any other change made before the claim for compensation was made; or
the construction of, or improvement to, infrastructure on the watercourse, other than infrastructure funded by the claimant, before the claim for compensation was made;
the effect of any other changes to the water plan made since the change.
In this section—
difference between the market values is the difference between the market value of the water allocation immediately before the change came into effect and the market value of the allocation immediately after the change came into effect.
s 991 amd 2014 No. 64 s 254 sch 1
(sec.991-ssec.1) For compensation payable because of a change, reasonable compensation is the difference between the market values, appropriately adjusted having regard to the following matters, to the extent they are relevant— any benefit accruing to the claimant from the change, including, but not limited to, the likelihood of improved water services; if the claimant has an authority to take water in addition to the water allocation for which the claim is made, any benefit accruing to the authority because of— the change or any other change made before the claim for compensation was made; or the construction of, or improvement to, infrastructure on the watercourse, other than infrastructure funded by the claimant, before the claim for compensation was made; the effect of any other changes to the water plan made since the change.
(sec.991-ssec.2) In this section— difference between the market values is the difference between the market value of the water allocation immediately before the change came into effect and the market value of the allocation immediately after the change came into effect.
- (a) any benefit accruing to the claimant from the change, including, but not limited to, the likelihood of improved water services;
- (b) if the claimant has an authority to take water in addition to the water allocation for which the claim is made, any benefit accruing to the authority because of— (i) the change or any other change made before the claim for compensation was made; or (ii) the construction of, or improvement to, infrastructure on the watercourse, other than infrastructure funded by the claimant, before the claim for compensation was made;
- (i) the change or any other change made before the claim for compensation was made; or
- (ii) the construction of, or improvement to, infrastructure on the watercourse, other than infrastructure funded by the claimant, before the claim for compensation was made;
- (c) the effect of any other changes to the water plan made since the change.
- (i) the change or any other change made before the claim for compensation was made; or
- (ii) the construction of, or improvement to, infrastructure on the watercourse, other than infrastructure funded by the claimant, before the claim for compensation was made;