Queensland Bills Explanatory Notes

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LAND ACQUISITION AMENDMENT BILL 2004

                Land Acquisition Amendment Bill 2004


                          EXPLANATORY NOTES



GENERAL OUTLINE

Short Title

The short title of the Bill is the Land Acquisition Amendment Act 2004.


Objectives

The primary policy objectives of the Bill are to amend the Acquisition of Land Act
1967 to:

!   Ensure landowners faced with State Government resumption of their land are made
    aware as soon as possible that their land is to be resumed and the date at which the
    land is needed for government purposes.

!   Ensure compensation provisions for State Government land resumptions are clear
    and take into account factors such as:

1. Market value for the property including any land devaluation caused by an
   expectation that the land could be resumed;

2. Special knowledge of the land gained by a landowner over time including the
   water flow over the land, the carrying capacity of the land for crops or stock, and
   appropriate cropping and management systems for the land.

3. Personal cost to the landowner of moving from the land;

4. All costs involved in finding a replacement property including legal fees and stamp
   duty on the replacement property.

5. All relocation costs including stock, machinery and household effects.

6. Reasonable cost of independent valuation and legal advice incurred because of the
   Government acquisition.

7. Any unintended taxation consequences incurred such as capital gains tax.


Reasons for the Bill

The amendments proposed within the Bill ensure an upfront, clear set of principles
exist to be followed when assessing compensation for landowners faced with State
Government resumption of their land.




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Land Acquisition Amendment Bill 2004
 
 
Estimated administrative cost to government

There is expected to be a cost to government but this cost will be more than justified
by the benefits of the legislation.


Consistency with Fundamental Legislative Principles

The legislation has been prepared taking into consideration fundamental legislative
principles.


Consultation

Consultation has been held with the Queensland Farmers Federation, Agforce,
Property Rights Australia and individual landowners throughout Queensland.

The Office of Queensland Parliamentary Counsel has prepared the Bill.




NOTES ON PROVISIONS


PART 1-PRELIMINARY

Short title

Clause 1 provides that the short title of the Act may be cited as the Land Acquisition
Amendment Act 2003.


PART 2- Commencement

Clause 2 provides that this Act commences on a day to be fixed by proclamation.
(CHECK WITH MICHAEL)


PART 3- Act Amended

Clause 3 provides that the Act amends the Acquisition of Land Act 1967.



PART 4- Amendment of s 7 (Notice of intention to take land)

Clause 4 amends Section 7 to insert sub-section (2) to ensure landowners are advised
as soon as possible of the government's intention to acquire their land. Sub-section (3)
is to be inserted to ensure landowners are advised of the date by which their land is
needed by the government.




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Land Acquisition Amendment Bill 2004
 
 
PART 5- Amendment of s 20 (Assessment of compensation)

Clause 5 amends Section 20 to insert sub-section (2A)(a) to (g) to provide guidelines
for the assessment of compensation flowing from government land resumptions. This
provides that landowners are compensated for:

1. Market value for the property including any land devaluation caused by an
   expectation that the land could be resumed;

2. Special knowledge of the land gained by a landowner over time including the
   water flow over the land, the carrying capacity of the land for crops or stock, and
   appropriate cropping and management systems for the land.

3. Personal cost to the landowner of moving from the land;

4. All costs involved in finding a replacement property including legal fees and stamp
   duty on the replacement property.

5. All relocation costs including stock, machinery and household effects.

6. Reasonable cost of independent valuation and legal advice incurred because of the
   Government acquisition.

7. Any unintended taxation consequences incurred such as capital gains tax.




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Land Acquisition Amendment Bill 2004

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