State Development Coordination and Facilitation Bill

Final Stages

The House of Assembly agreed to amendments Nos 1 to 3 and 5 made by the Legislative Council without any amendment; disagreed to amendment No. 4; and made an alternative amendment as indicated in the following schedule in lieu thereof:

Schedule of the Amendment made by the Legislative Council to which the House of Assembly has disagreed and an alternative Amendment made in lieu thereof

Legislative Council's Amendment

No. 4. Clause 38, page 28, after line 29—Insert:

(9a) For the purposes of this section (including in legal proceedings)-

(a) a statement in a claim that an owner of land suffered loss or damage as a result of a person entering or temporarily occupying land under this section; and

(b) a statement in a claim specifying the amount of the loss or damage,

will, in the absence of proof to the contrary, be accepted as proof of the matter so stated.

House of Assembly's Alternative Amendment in lieu thereof

Clause 38, page 28, after line 29—Insert:

(9a) If an owner of land suffers loss or damage as a result of a person entering or temporarily occupying land under this section, the Minister must pay the reasonable costs incurred by the owner for either or both of the following:

(a) the owner obtaining an assessment by a qualified valuer of the loss or damage suffered;

(b) the owner obtaining legal advice for the purposes of making a claim under this section for compensation.

(9b) In subsection (9a)—

qualified valuer means—

(a) a qualified valuer under the Land Valuers Act 1994; or

(b) a valuer with qualifications or experience of a kind prescribed by the regulations.

At 18:21 the council adjourned until Thursday 15 May 2025 at 14:15.