Queensland Consolidated Acts

STATE DEVELOPMENT AND PUBLIC WORKS ORGANISATION ACT 1971 - SECT 92

92 Calculating reasonable compensation involving changes

(1) For section 87 , reasonable compensation is the difference between the market values, appropriately adjusted having regard to the following matters, to the extent they are relevant—

(a) any limitations or conditions that may reasonably have applied to the development of the land immediately before the approved development scheme applied to the land;

(b) any benefit accruing to the land from the approved development scheme coming into effect, including but not limited to the likelihood of improved amenity in the locality of the land;

(c) if the owner owns land adjacent to the interest in land, any benefit accruing to the adjacent land because of—

(i) the coming into effect of the approved development scheme; or

(ii) the construction of, or improvement to, infrastructure on the adjacent land under the approved development scheme (other than infrastructure funded by the owner) before the claim for compensation was made;

(d) the effect of any other changes to the approved development scheme made since the approved development scheme applied to the land;

(e) if any SDA approval for the land is subject to conditions, the effect of the conditions on the development.

(2) Despite subsection (1) , if land for which compensation is claimed has, since the day the approved development scheme came into effect, become or ceased to be separate from other land, the amount of reasonable compensation must not be increased because the land has become, or ceased to be, separate from other land.

(3) In this section—

"difference between the market values" means the difference between the market value of the interest in land immediately before the approved development scheme came into effect and the market value of the interest immediately after the approved development scheme came into effect.