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LAND ACQUISITION AMENDMENT BILL 2003

      Queensland




 LAND ACQUISITION
AMENDMENT BILL 2003
 
 
 
                                                       Queensland




      LAND ACQUISITION AMENDMENT
               BILL 2003

                                         TABLE OF PROVISIONS
Section                                                                                                                         Page
1         Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .     4
2         Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .           4
3         Amendment of s 7 (Notice of intention to take land) . . . . . . . . . . . . . . . . . .                                 4
4         Amendment of s 20 (Assessment of compensation) . . . . . . . . . . . . . . . . . . .                                    4
 
 
 
                   2003

                A BILL
                    FOR

An Act to amend the Acquisition of Land Act 1967
 
 
         s1                                     4                                  s4
                              Land Acquisition Amendment Bill 2003


         The Parliament of Queensland enacts--                                           1



         1     Short title
Clause                                                                                   2
             This Act may be cited as the Land Acquisition Amendment Act 2003.           3

         2     Act amended
Clause                                                                                   4
             This Act amends the Acquisition of Land Act 1967.                           5

         3     Amendment of s 7 (Notice of intention to take land)
Clause                                                                                   6
             (1) Section 7(2), after `shall'--                                           7
             insert--                                                                    8
            `, as soon as practicable after the constructing authority decides to        9
         resume the land,'.                                                              10
             (2) Section 7(3)--                                                          11
             insert--                                                                    12
               `(g) state the date by which the constructing authority needs the land    13
                    for the purpose mentioned in paragraph (a).'.                        14

         4     Amendment of s 20 (Assessment of compensation)
Clause                                                                                   15
             Section 20--                                                                16
             insert--                                                                    17
           `(2A) In addition to the compensation assessed under subsection (2),          18
         compensation is also payable for--                                              19
               (a) any reduction in the value of the claimant's interest in the land     20
                   that may have been caused by a public expectation that the land       21
                   could be resumed; and                                                 22
               (b) the value of the claimant's special knowledge of the particular       23
                   parcel of land, that can not immediately transfer to another parcel   24
                   of land including--                                                   25
                    (i)   the water flow over the land; and                              26
 
 
s4                                    5                                     s4
                    Land Acquisition Amendment Bill 2003


           (ii) the carrying capacity of the land for crops or stock; and        1
           (iii) appropriate cropping and management systems for the land;       2
                 and                                                             3
     (c) the personal cost to the claimant of moving from the land; and          4
     (d) the financial cost to the claimant of finding and purchasing a          5
         replacement parcel of land including, for example, outlays on           6
         legal fees and stamp duty; and                                          7
     (e) the claimant's relocation costs including the cost of relocating        8
         stock, machinery and household effects; and                             9
     (f)   the reasonable cost of independent valuation and legal advice         10
           incurred by the claimant in relation to the notice of intention to    11
           resume; and                                                           12
     (g) any taxation liability incurred by the claimant in relation to the      13
         resumption and relocation, for example, capital gains tax.'.            14

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