Queensland Consolidated Acts Queensland Consolidated Acts(1) This section applies if--
(a) a nature refuge is declared under section 49; or
(b) a regulation giving effect to a management plan for a World Heritage management area or international agreement area commences.
(2) If a land-holder's interest in land is injuriously affected by a restriction or prohibition imposed under the declaration or regulation on the land-holder's existing use of the land, the land-holder is entitled to be paid by the State the reasonable compensation because of the restriction or prohibition that is agreed between the State and the land-holder or, failing agreement, decided by the Land Court.
(3) The land-holder's interest in the land is not injuriously affected if the restriction or prohibition under the declaration or regulation is the same, or to the same effect, as a provision of another law applying to the land immediately before the commencement of the declaration or regulation.
(4) Compensation is not payable if compensation has already been paid for--
(a) the restriction or prohibition; or
(b) a restriction or prohibition to the same effect.
(5) A claim for compensation must--
(a) be made in a form approved by the chief executive; and
(b) be made to the chief executive within 6 months after the declaration of the protected area or the commencement of the regulation, or the longer period the chief executive or Land Court in special circumstances allows.
(6) In making a determination, the Land Court must have regard to the following matters--
(a) the capacity of the land to sustain the existing use;
(b) any change in the value of the land because of the declaration or regulation;
(c) any change in the profitability of the land because of the declaration or regulation;
(d) any conservation agreement with the land-holder.
(7) Subsection (6) does not limit the matters to which the Land Court may have regard in making a determination.
(8) Subsection (2) does not apply to land--
(a) if--
(i) a regulation giving effect to a management plan for a nature refuge is in force; and
(ii) the nature refuge is declared to be included in a World Heritage management area or international agreement area; and
(iii) the regulation continues to apply to the nature refuge after declaration; and
(iv) the land-holder receives, or is entitled to receive, compensation under this section in relation to the land because of the declaration of the nature refuge; or
(b) if--
(i) an area is identified in a conservation plan as, or including, a critical habitat or an area of major interest; and
(ii) the area is declared to be a protected area; and
(iii) the regulation making the declaration declares that the plan continues to apply to the area after declaration; and
(iv) the land-holder receives, or is entitled to receive, compensation under section 126 in relation to the land because of the approval of the plan.
(9) In this section--
existing use of land includes a lawful use made of the land immediately before the commencement of the declaration or regulation that restricts or prohibits the use.