Queensland Consolidated Acts Queensland Consolidated Acts(1) Subsection (3) applies if the owner of an interest in designated land (the designated interest) is suffering hardship because of the designation.
(2) However, subsection (3) does not apply if--
(a) the designated land is land--
(i) over which there is an existing public utility easement; or
(ii) for which a process has started under the Acquisition of Land Act 1967 to acquire a public utility easement; and
(b) the designation is for community infrastructure for which the easement exists or is being acquired.
(3) The owner may ask the designator to buy--
(a) the designated interest; or
(b) if the owner has an interest in adjoining land and retaining the interest without the designated interest would also cause the owner hardship--the designated interest and the interest in the adjoining land.
(4) The designator must, within 40 business days after the request is received, decide to--
(a) grant the request; or
(b) take other action under section 2.6.21; or
(c) refuse the request.
(5) In deciding whether or not the owner is suffering hardship, the designator must consider each of the following--
(a) whether the owner must sell an interest mentioned in subsection (3)(a) or (b) without delay for personal reasons, including to avoid loss of income, and has tried unsuccessfully to sell the interest at a fair market value (disregarding the designation);
(b) whether the owner has a genuine intent to develop the interest, but development approval has been, or is likely to be, refused because of the designation;
(c) the extent to which development would be viable because of the designation if the owner exercised rights conferred under any development approval.
(6) In this section--
adjoining land means land--
(a) adjoining designated land; and
(b) in which the owner of the designated land has an interest.