Queensland Bills Queensland Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
LOCAL GOVERNMENT
(PALM BEACH LAND) BILL
1992
Queensland
LOCAL GOVERNMENT (PALM BEACH
LAND) BILL 1992
TABLE OF PROVISIONS
Section Page
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2 Object of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
3 How object is to be achieved . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
4 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
5 Establishment of fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
6 Gold Coast City Council authorised to contribute to fund . . . . . . . . . . . . . . 5
7 Contribution to the fund by other persons . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
8 Persons entitled to payment from fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
9 Performance of powers and functions of chief executive . . . . . . . . . . . . . . . 6
10 Assessment of damage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
11 Criteria to determine if fund will be distributed to the claimants . . . . . . . . 7
12 Offer to claimants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
13 Acceptance of offer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
14 Payment by Public Trustee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
15 Possible balance in fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
16 Closure of fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
17 Application of amounts paid . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
18 Expiry of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . . 11
MAP
1992
A BILL
FOR
An Act for the settlement of claims in relation to damage to houses at
Palm Beach in the City of the Gold Coast
4
Local Government (Palm Beach Land)
BE IT ENACTED by the Queen's Most Excellent Majesty, by and with 1
the advice and consent of the Legislative Assembly of Queensland in 2
Parliament assembled, and by the authority of the same, as follows. 3
title 4
Short
This Act may be cited as the Local Government (Palm Beach 5
Clause1.
Land) Act 1992. 6
of Act 7
Object
The object of this Act is to provide for the settlement of claims in 8
Clause2.
relation to damage caused by land subsidence to certain houses at Palm 9
Beach in the City of Gold Coast. 10
object is to be achieved 11
How
Clause3. The object of this Act is to be achieved by-- 12
(a) establishing a fund managed by the Public Trustee that is to be 13
applied to the settlement of claims; and 14
(b) authorising the Gold Coast City Council to contribute to the fund; 15
and 16
(c) providing for the contribution to the fund by insurance 17
companies; and 18
(d) identifying persons who may be entitled to receive a payment 19
from the fund; and 20
(e) providing for the assessment of the damage to the affected 21
houses; and 22
(f) specifying the minimum number and minimum value of claims 23
required before the fund will be distributed; and 24
(g) providing for an equitable distribution of the fund to each person 25
entitled to receive payment, if a minimum number and minimum 26
value of claims is achieved; and 27
(h) providing for the distribution to be in full settlement of the 28
person's claim; and 29
5
Local Government (Palm Beach Land)
(i) the closing of the fund after distribution to all persons entitled to 1
payment from the fund. 2
3
Definitions
In this Act-- 4
Clause4.
"area" means the area marked on the map set out in the Schedule; 5
"assess" includes reassess; 6
"chief executive" means the chief executive of the department; 7
"claimant" means a person who is entitled, under section 8, to payment 8
from the fund; 9
"fund" means the fund established under section 5. 10
of fund 11
Establishment
A fund called the Palm Beach Land (Settlement of Claims) 12
Clause5.(1)
Fund is to be established by the Public Trustee. 13
(2) The Public Trustee is to administer the fund. 14
(3) Amounts paid into the fund are to be held by the Public Trustee to the 15
credit of the fund. 16
(4) Interest earned on amounts in the fund becomes part of the fund. 17
Coast City Council authorised to contribute to fund 18
Gold
Clause6. The Gold Coast City Council is authorised to contribute an amount 19
of not more than $1.5 million to the fund. 20
to the fund by other persons 21
Contribution
Clause7. Other moneys are to be paid to the fund by-- 22
(a) Suncorp Insurance and Finance, which is a statutory body 23
incorporated under the Suncorp Insurance and Finance Act 1985; 24
and 25
(b) NZI Insurance Australia Limited A.C.N. 001 948 278. 26
6
Local Government (Palm Beach Land)
entitled to payment from fund 1
Persons
Clause8.(1) A person is entitled to payment from the fund if-- 2
(a) the person was the owner of a house in the area on 25 August 3
1992; and 4
(b) the person also owned the house at 30 September 1989; and 5
(c) the person had, before 30 March 1992-- 6
(i) notified the Gold Coast City Council of the person's 7
intention to make a claim for damage caused to the house by 8
land subsidence; or 9
(ii) started an action in a court of competent jurisdiction in 10
relation to damage caused to the house by land subsidence; 11
and 12
(d) the house has been assessed under this Act as having been 13
damaged by land subsidence. 14
(2) For the purposes of this section, the owner of a house is the 15
registered proprietor of the land on which the house is situated, and includes 16
the personal representative or trustee of the estate of the registered 17
proprietor. 18
of powers and functions of chief executive 19
Performance
The chief executive may appoint suitably qualified persons to 20
Clause9.(1)
perform any powers or functions of the chief executive under this Act. 21
(2) A person may be appointed on terms that the chief executive 22
considers appropriate. 23
(3) A person appointed under this section is authorised to perform the 24
powers and functions specified by the chief executive. 25
(4) If a notification is to be given by or to the chief executive under this 26
Act, it may be given by or to a person appointed by the chief executive for 27
the purpose. 28
7
Local Government (Palm Beach Land)
of damage 1
Assessment
The chief executive must assess the extent and value of 2
Clause10.(1)
damage caused by land subsidence to the house of each claimant. 3
(2) The chief executive must advise each claimant in writing of the value 4
of damage assessed in relation to the claimant's house. 5
(3) Within 28 days of receiving written advice of the assessment from 6
the chief executive, the claimant may notify the chief executive, in writing-- 7
(a) that the claimant accepts the value of the assessment; or 8
(b) that the claimant requires a reassessment of the extent and value 9
of damage caused to the claimant's house by land subsidence. 10
(4) If the claimant notifies the chief executive that the claimant requires a 11
reassessment, then, within 28 days of receiving the notification, the chief 12
executive must-- 13
(a) reassess the extent and value of damage caused to the claimant's 14
house by land subsidence; and 15
(b) advise the claimant, in writing, of the value reassessed in relation 16
to the claimant's house. 17
(5) If the value of damage to the claimant's house is not increased on 18
reassessment, any amount the claimant subsequently receives from the fund 19
is to be reduced by the cost of the reassessment. 20
(6) The chief executive may extend the period of 28 days mentioned in 21
subsection (3) if, in a particular case, the chief executive considers the 22
circumstances warrant an extension of the period. 23
(7) A claimant is not entitled to payment from the fund if the claimant-- 24
(a) fails to allow the assessment of the extent and value of the 25
damage to the claimant's house; or 26
(b) fails to give a notification under subsection (3) within the period 27
specified in this section or, if an extended period is allowed, the 28
extended period. 29
to determine if fund will be distributed to the claimants 30
Criteria
Clause11.(1) The fund may be distributed only if, after all claimants' houses 31
8
Local Government (Palm Beach Land)
that can be assessed have been assessed or reassessed and the time for 1
notifications to be given to the chief executive under section 10(3) has 2
expired-- 3
(a) at least 90% of the claimants have accepted the value of the 4
assessment of damage made in relation to their houses; and 5
(b) the total value of the assessments of the claimants that have 6
accepted is at least 90% of the total assessment of damage caused 7
to the claimants' houses by land subsidence. 8
(2) If the criteria specified in subsection (1)(a) and (b) are not achieved-- 9
(a) the chief executive must notify the Public Trustee; and 10
(b) the Public Trustee must refund amounts in the fund to the 11
contributors to the fund in the same proportions that they 12
contributed to it. 13
to claimants 14
Offer
If the fund is to be distributed to the claimants, the chief 15
Clause12.(1)
executive must determine the amount to be offered to each claimant, having 16
regard to-- 17
(a) the total value of the assessments of damage made and accepted; 18
and 19
(b) the amount that will be in the fund when the fund is distributed to 20
claimants. 21
(2) The chief executive must notify each claimant-- 22
(a) of the amount offered to the claimant; and 23
(b) that the amount is offered in full and final settlement of the 24
claimant's claim for damage caused to the claimant's house by 25
land subsidence. 26
(3) The chief executive must act as quickly as possible in giving effect to 27
this section. 28
9
Local Government (Palm Beach Land)
of offer 1
Acceptance
If a claimant wishes to accept the amount offered by the chief 2
Clause13.(1)
executive, the claimant must notify the chief executive, in the form 3
approved by the chief executive, of the acceptance within 28 days of 4
receiving the offer. 5
(2) The chief executive must authorise the Public Trustee to pay the 6
amount to the claimant as quickly as possible after being notified of the 7
acceptance of the offer. 8
(3) The chief executive may extend the period of 28 days mentioned in 9
subsection (1) if, in a particular case, the chief executive considers the 10
circumstances warrant an extension of the period. 11
(4) A claimant is not entitled to payment from the fund if the claimant 12
fails to give the notification required by subsection (1) within the period 13
specified in this section or, if an extended period is allowed, the extended 14
period. 15
by Public Trustee 16
Payment
Clause14. On receiving written authorisation from the chief executive to pay 17
an amount to a claimant, the Public Trustee must pay the amount to the 18
claimant. 19
balance in fund 20
Possible
If-- 21
Clause15.(1)
(a) some of the claimants do not accept the amount offered by the 22
chief executive; or 23
(b) interest accrues to the fund in addition to that taken into account 24
under section 12(1)(b); 25
the amount to which claimants are entitled is not affected. 26
(2) Any balance left in the fund must be refunded to the contributors to 27
the fund in the same proportions that they contributed to it. 28
10
Local Government (Palm Beach Land)
of fund 1
Closure
When all amounts required to be paid out of the fund have been 2
Clause16.
paid-- 3
(a) the Public Trustee must close the fund; and 4
(b) advise the chief executive in writing of the closure of the fund. 5
of amounts paid 6
Application
Claimants who receive an amount from the fund in settlement of 7
Clause17.
their claim are not required to use it to repair the damage the subject of the 8
claim. 9
of Act 10
Expiry
Clause18.(1) This Act expires on a day to be fixed by proclamation. 11
(2) The day fixed by proclamation must be after the closure of the fund 12
by the Public Trustee. 13
11
Local Government (Palm Beach Land)
CHEDULE
¡S
AP
M
sections 4 and 8
-- The area bounded by the bold line is the area mentioned in sections
4 and 8.
12
Local Government (Palm Beach Land)
© State of Queensland 1992
[Index] [Search] [Download] [Related Items] [Help]