Amendments create a fairer system for land acquisitions
Published Thursday, 12 February, 2009 at 08:52 PM
Minister for Natural Resources and Water and Minister Assisting the Premier in North Queensland
The Honourable Craig Wallace
Legislation has been passed by Parliament tonight, which will establish more straight-forward and transparent processes for people and businesses affected by land resumptions.
Natural Resources and Water Minister, Craig Wallace said the Acquisition of Land and Other Legislation Amendment Bill 2008 amended the Acquisition of Land Act 1967 to modernise the 41 year old legislation.
“Queensland is experiencing a great infrastructure boom, set to continue as the Bligh Government delivers on our $17 billion capital works program to support 119,000 jobs in Queensland,” Mr Wallace said.
“To ensure important projects can go ahead as soon as possible, it is essential that land is acquired efficiently and fairly. The passing of this bill enables that to occur.
“The bill has delivered a more straightforward and transparent compensation process, ensuring anyone whose land is acquired can access fair and equitable compensation in a more efficient way.
“By making the acquisition process fairer and more equitable, this bill will now reduce the likelihood of disputes about compensation for resumptions, allowing government to get on with the job of building the infrastructure Queenslanders need.”
Mr Wallace said the amendments now provide a clearer framework for determining who is entitled to lodge a claim for compensation when land is acquired or resumed by state or local governments.
“These amendments follow a recent court decision which determined compensation was due to a party that did not own land acquired by the state, but still had an interest over it.
“Prior to the Sorrento decision, the Act had been interpreted to mean that a person was only entitled to compensation in respect of resumed land if that person had a freehold or a leasehold estate, or an incorporeal interest such as an easement.
“The Sorrento decision took a broader interpretation of what constituted an interest in land. It extended who may be entitled to claim compensation to include those who have a personal right existing in the land, but do not have proprietary rights in the land.
“The Sorrento decision awarded compensation to a company who had only a contractual licence for car parks over land. The decision has left the scope of what constitutes an ‘interest’ uncertain.
“The bill now clearly defines those who are entitled to compensation and extends it to include businesses and people who have a valuable contractual licence over the land.”
Mr Wallace said several changes to the Act will now simplify the resumption process, making it more accessible for those affected.
“These amendments make the laws relating to claims for removal costs, electricity and telephone reconnections, mail redirection and valuation, and legal fees as a result of an acquisition, clearer and more transparent,” Mr Wallace said.
“Owners of investment properties are also now included in the class of claimants entitled to be paid costs, such as stamp duty and legal fees incurred in the replacement of an investment property.
“Individual unit owners have been considered and will now be able to make an individual claim for loss suffered when common property is resumed. Up until now only the body corporate could pursue a claim and there was no guarantee the affected unit owner would receive adequate compensation.
“This is about providing a fairer Queensland for tomorrow.”
A further amendment now sets a three-year limitation period for claims with a safeguard for those outside the statutory period. This brings the legislation in line with other states.
Claims outside the three year period may still be accepted by the constructing authority if there is a valid reason for delay.
Mr Wallace said: “These changes modernised the Acquisition of Land Act 1967 and will cut the number of compensation disputes.
“Streamlining the acquisition of freehold land and making it more equitable will help the Bligh Government build a stronger and fairer Queensland for tomorrow.”
Media enquiries: 3896 3689
Natural Resources and Water Minister, Craig Wallace said the Acquisition of Land and Other Legislation Amendment Bill 2008 amended the Acquisition of Land Act 1967 to modernise the 41 year old legislation.
“Queensland is experiencing a great infrastructure boom, set to continue as the Bligh Government delivers on our $17 billion capital works program to support 119,000 jobs in Queensland,” Mr Wallace said.
“To ensure important projects can go ahead as soon as possible, it is essential that land is acquired efficiently and fairly. The passing of this bill enables that to occur.
“The bill has delivered a more straightforward and transparent compensation process, ensuring anyone whose land is acquired can access fair and equitable compensation in a more efficient way.
“By making the acquisition process fairer and more equitable, this bill will now reduce the likelihood of disputes about compensation for resumptions, allowing government to get on with the job of building the infrastructure Queenslanders need.”
Mr Wallace said the amendments now provide a clearer framework for determining who is entitled to lodge a claim for compensation when land is acquired or resumed by state or local governments.
“These amendments follow a recent court decision which determined compensation was due to a party that did not own land acquired by the state, but still had an interest over it.
“Prior to the Sorrento decision, the Act had been interpreted to mean that a person was only entitled to compensation in respect of resumed land if that person had a freehold or a leasehold estate, or an incorporeal interest such as an easement.
“The Sorrento decision took a broader interpretation of what constituted an interest in land. It extended who may be entitled to claim compensation to include those who have a personal right existing in the land, but do not have proprietary rights in the land.
“The Sorrento decision awarded compensation to a company who had only a contractual licence for car parks over land. The decision has left the scope of what constitutes an ‘interest’ uncertain.
“The bill now clearly defines those who are entitled to compensation and extends it to include businesses and people who have a valuable contractual licence over the land.”
Mr Wallace said several changes to the Act will now simplify the resumption process, making it more accessible for those affected.
“These amendments make the laws relating to claims for removal costs, electricity and telephone reconnections, mail redirection and valuation, and legal fees as a result of an acquisition, clearer and more transparent,” Mr Wallace said.
“Owners of investment properties are also now included in the class of claimants entitled to be paid costs, such as stamp duty and legal fees incurred in the replacement of an investment property.
“Individual unit owners have been considered and will now be able to make an individual claim for loss suffered when common property is resumed. Up until now only the body corporate could pursue a claim and there was no guarantee the affected unit owner would receive adequate compensation.
“This is about providing a fairer Queensland for tomorrow.”
A further amendment now sets a three-year limitation period for claims with a safeguard for those outside the statutory period. This brings the legislation in line with other states.
Claims outside the three year period may still be accepted by the constructing authority if there is a valid reason for delay.
Mr Wallace said: “These changes modernised the Acquisition of Land Act 1967 and will cut the number of compensation disputes.
“Streamlining the acquisition of freehold land and making it more equitable will help the Bligh Government build a stronger and fairer Queensland for tomorrow.”
Media enquiries: 3896 3689