Recently the Queensland Government committed $1.121 billion in funding to deliver the Logan and Gold Coast Faster Rail project.  The project is expected to have a total cost of $2.598 billion.

A copy of the media release can be found here

If your property is affected by the Logan and Gold Coast Faster Rail Project, we have previously provided an update as to the initial steps in the compulsory acquisition process, which can be found here 

Set out below is a brief summary of how compensation is assessed:

The Department of Transport and Main Roads (TMR), will have your property independently valued.  We strongly recommend that you engage an independent valuer to assess the value of your property (or your interest in the property).

In addition to the market valuation of the property, you will also be eligible to claim compensation for disturbance costs caused by the resumption, which include:[1]

1. legal costs and valuation or other professional fees reasonably incurred by the claimant in relation to the preparation and filing of the claimant’s claim for compensation;
2. the following costs relating to the purchase of land by a claimant to replace the land taken—
   • stamp duty reasonably incurred or that might reasonably be incurred by the claimant, but not more than the amount of stamp duty that would be incurred for the purchase of land of equivalent value to the land taken;
   • financial costs reasonably incurred or that might reasonably be incurred by the claimant in relation to the discharge of a mortgage and the execution of a new mortgage, but not more than the amount that would be incurred if the new mortgage secured the repayment of the balance owing in relation to the discharged mortgage;
   • legal costs reasonably incurred by the claimant;
   • other financial costs, other than any taxation liability, reasonably incurred by the claimant;
3. removal and storage costs reasonably incurred by the claimant in relocating from the land taken;
4. costs reasonably incurred by the claimant to connect to any services or utilities on relocating from the land taken;
5. other financial costs that are reasonably incurred or that might reasonably be incurred by the claimant, relating to the use of the land taken, as a direct and natural consequence of the taking of the land;
6. an amount reasonably attributed to the loss of profits resulting from interruption to the claimant’s business that is a direct and natural consequence of the taking of the land;
7. other economic losses and costs reasonably incurred by the claimant that are a direct and natural consequence of the taking of the land.

Claiming compensation and what you may be entitled to claim for can be complex and there are many factors that will influence the amount of compensation that you are entitled to.

If your property is affected by the Logan and Gold Coast Faster Rail project, please contact either, Sarah Day, at [email protected] or Scott Eustace, at [email protected] or phone 3439 8880 to discuss your options.

[1] Section 20(1)(b) and (5) of the Acquisition of Land Act 1967(Qld)