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Queensland
Acquisition of Land and Other
Legislation Amendment
Bill 2008
Queensland
Acquisition of Land and Other Legislation
Amendment Bill 2008
Contents
Page
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Part 2 Amendment of Acquisition of Land Act 1967
2 Act amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
3 Amendment of s 5 (Purposes for which land may be taken) . . . . 6
4 Amendment of s 6 (Easements). . . . . . . . . . . . . . . . . . . . . . . . . . 6
5 Amendment of s 7 (Notice of intention to take land). . . . . . . . . . . 7
6 Amendment of s 8 (Dealing with objections) . . . . . . . . . . . . . . . . 10
7 Amendment of s 11 (Amending of gazette resumption notice). . . 10
8 Amendment of s 12 (Effect of gazette resumption notice) . . . . . . 11
9 Amendment of s 12B (Particular land may be dedicated as road) 12
10 Amendment of s 13 (Owner may require small parcel of severed
land to be taken). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
11 Amendment of s 17 (Revocation before determination of
compensation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
12 Amendment of s 18 (By whom compensation may be claimed). . 14
13 Amendment of s 19 (Claim for compensation) . . . . . . . . . . . . . . . 15
14 Amendment of s 20 (Assessment of compensation) . . . . . . . . . . 16
15 Amendment of s 21 (Grant of easement etc. in satisfaction of
compensation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
16 Insertion of new s 26A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
26A Jurisdiction about recovery of advance against
compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
17 Insertion of new pt 6, div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Division 3 Provisions for Acquisition of Land and Other
Legislation Amendment Act 2008
46 Making claims for compensation . . . . . . . . . . . . . . . . 20
Acquisition of Land and Other Legislation Amendment Bill 2008
Contents
47 Recovery of advance against compensation . . . . . . . 20
18 Replacement of schedule. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Schedule Purposes for taking land
Part 3 Amendment of Land Act 1994
19 Act amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
20 Amendment of s 31B (Changing community purpose). . . . . . . . . 27
21 Amendment of s 31F (Notice of registration of action in relation
to reserve) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
22 Amendment of s 32 (State leases over reserves) . . . . . . . . . . . . 27
23 Amendment of s 34I (Applying for deed of grant). . . . . . . . . . . . . 27
24 Insertion of new s 34IA. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
34IA Particular matters about issue of deed of grant . . . . . 28
25 Amendment of s 34J (Notice of proposal to issue deed of grant). 28
26 Amendment of s 34K (Submissions) . . . . . . . . . . . . . . . . . . . . . . 28
27 Amendment of s 35 (Use for community purposes of land
granted in trust) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
28 Amendment of s 36 (Amalgamating land with common
purposes) ..................................... 29
29 Amendment of s 38B (Notice of proposal to add community
purpose, amalgamate land or cancel) . . . . . . . . . . . . . . . . . . . . . 29
30 Amendment of s 57 (Trustee leases) . . . . . . . . . . . . . . . . . . . . . . 29
31 Amendment of s 61 (Conditions on trustee leases and trustee
permits) .......................................... 30
32 Amendment of s 100 (Public notice of closure) . . . . . . . . . . . . . . 30
33 Amendment of s 167 (Provisions for deciding application). . . . . . 30
34 Amendment of s 275 (Registers comprising land registry) . . . . . 30
35 Amendment of s 276 (Registers to be kept by chief executive) . . 30
36 Amendment of s 279 (Registration of land management
agreements and transition to sale agreements) . . . . . . . . . . . . . . 31
37 Amendment of s 360A (Minister may change term leases, other
than State leases, or perpetual leases) . . . . . . . . . . . . . . . . . . . . 31
38 Amendment of s 373AA (Compliance with s 373A) . . . . . . . . . . . 31
39 Amendment of s 376 (Deed of grant or lease may issue in name
of deceased person). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
40 Amendment of s 391A (General provision about approvals) . . . . 32
41 Amendment of s 442 (Lapse of offer) . . . . . . . . . . . . . . . . . . . . . . 32
42 Amendment of s 462 (Terms of post-Wolfe freeholding leases). . 32
43 Omission of ch 8, pt 7A (Brigalow and other lands development
provisions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
Page 2
Acquisition of Land and Other Legislation Amendment Bill 2008
Contents
44 Omission of s 521K (Application made before commencement) . 32
45 Insertion of new ch 9, pts 1F and 1G . . . . . . . . . . . . . . . . . . . . . . 32
Part 1F Further transitional provisions for Land and
Other Legislation Amendment Act 2007
521Q Definition for pt 1F . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
521R Outstanding applications continued under
post-amended Act ......................... 33
521S Particular new leases exempted from particular
provisions ............................... 34
Part 1G Transitional provision for Acquisition of Land
and Other Legislation Amendment Act 2008
521T Provision about change of purpose for reserves . . . . 34
46 Amendment of sch 6 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 35
Part 4 Amendment of other Acts
47 Other Acts amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
Schedule Consequential amendments of other Acts . . . . . . . . . . . . . . . 36
Integrated Planning Act 1997 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
South Bank Corporation Act 1989 . . . . . . . . . . . . . . . . . . . . . . . . 36
Page 3
2008
A Bill
for
An Act to amend the Acquisition of Land Act 1967 and the Land
Act 1994 for particular purposes and to make consequential
amendments to the Integrated Planning Act 1997 and the South
Bank Corporation Act 1989
Acquisition of Land and Other Legislation Amendment Bill 2008
Part 1 Preliminary
[s 1]
The Parliament of Queensland enacts-- 1
Part 1 Preliminary 2
Clause 1 Short title 3
This Act may be cited as the Acquisition of Land and Other 4
Legislation Amendment Act 2008. 5
Part 2 Amendment of Acquisition of 6
Land Act 1967 7
Clause 2 Act amended in pt 2 8
This part amends the Acquisition of Land Act 1967. 9
Clause 3 Amendment of s 5 (Purposes for which land may be 10
taken) 11
Section 5-- 12
insert-- 13
`(4) The heading to a part of the schedule in which a purpose for 14
taking land is set out indicates only the type of activity or 15
other thing to which the purpose ordinarily relates and does 16
not limit the matters to which the purpose may relate.'. 17
Clause 4 Amendment of s 6 (Easements) 18
Section 6-- 19
insert-- 20
Page 6
Acquisition of Land and Other Legislation Amendment Bill 2008
Part 2 Amendment of Acquisition of Land Act 1967
[s 5]
`(3) The taking of an easement over land does not extinguish any 1
interest in the land existing immediately before the easement 2
is taken.'. 3
Clause 5 Amendment of s 7 (Notice of intention to take land) 4
(1) Section 7-- 5
insert-- 6
`(2A) Despite subsection (2), if the land the subject of a notice of 7
intention to resume is common property within the meaning 8
of, and shown on a building units plan under, the Building 9
Units and Group Titles Act 1980, the constructing authority 10
need only serve the notice on-- 11
(a) the body corporate constituted under that Act by the 12
proprietors of the lots in the building units plan; and 13
(b) each entity, other than the body corporate or a proprietor 14
of a lot in the building units plan on which the common 15
property is shown, who to the knowledge of the 16
constructing authority has an interest in the common 17
property. 18
`(2B) Also despite subsection (2), if the land the subject of a notice 19
of intention to resume is common property for a community 20
titles scheme under the Body Corporate and Community 21
Management Act 1997, the constructing authority need only 22
serve the notice on-- 23
(a) the body corporate under that Act for the community 24
titles scheme; and 25
(b) each entity, other than the body corporate or an owner of 26
a lot in the community titles scheme for the common 27
property, who to the knowledge of the constructing 28
authority has an interest in the common property. 29
`(2C) Subsection (2D) applies if the constructing authority gives a 30
body corporate mentioned in subsection (2A) or (2B) a notice 31
of intention to resume or a notice amending a notice of 32
intention to resume (each a relevant notice). 33
Page 7
Acquisition of Land and Other Legislation Amendment Bill 2008
Part 2 Amendment of Acquisition of Land Act 1967
[s 5]
`(2D) The body corporate must ensure a copy of the relevant notice 1
accompanies the first notice of a general meeting of the body 2
corporate given to each of its members after receiving the 3
relevant notice.'. 4
(2) Section 7(3)(a), `specify'-- 5
omit, insert-- 6
`state'. 7
(3) Section 7(3)-- 8
insert-- 9
`(ea) if the land the subject of the notice is common property 10
within the meaning of, and shown on a building units 11
plan under, the Building Units and Group Titles Act 12
1980-- 13
(i) state the proprietor of a lot in the building units 14
plan may be entitled to compensation for damage 15
suffered by the proprietor as a result of the taking 16
of the common property and the effect of the 17
taking on the proprietor's lot; and 18
(ii) state the requirement imposed on the body 19
corporate for the common property under 20
subsection (2D); and 21
`(eb) if the land the subject of the notice is common property 22
for a community titles scheme under the Body 23
Corporate and Community Management Act 1997-- 24
(i) state the owner of a lot in the scheme may be 25
entitled to compensation for damage suffered by 26
the owner as a result of the taking of the common 27
property and the effect of the taking on the owner's 28
lot; and 29
(ii) state the requirement imposed on the body 30
corporate for the common property under 31
subsection (2D).'. 32
(4) Section 7(3)-- 33
insert-- 34
Page 8
Acquisition of Land and Other Legislation Amendment Bill 2008
Part 2 Amendment of Acquisition of Land Act 1967
[s 5]
`(g) include details of-- 1
(i) the period within which a claim for compensation 2
under this Act must be served on the constructing 3
authority; and 4
(ii) the claimant's right to apply to the Land Court to 5
serve a claim after the end of the period mentioned 6
in subparagraph (i); and 7
Editor's note-- 8
For the matters mentioned in paragraph (g), see section 19(3) to 9
(6). 10
`(h) include information about how, under section 20(2A), a 11
contract, licence, agreement or other arrangement 12
entered into in relation to the land after the notice of 13
intention to resume is served may be dealt with in 14
assessing compensation to be paid under this Act.'. 15
(5) Section 7, before subsection (4A)-- 16
insert-- 17
`(4AA) The constructing authority may, by written notice given to 18
each entity to whom the notice of intention to resume is 19
served under subsection (2), (2A) or (2B), amend the notice of 20
intention to resume. 21
`(4AB) If the constructing authority amends the notice of intention to 22
resume, the period within which an entity may serve on the 23
constructing authority an objection to the taking of the land 24
starts again from the day the notice of the amendment is given 25
to the entity. 26
Note-- 27
For the period within which an entity may serve an objection, see 28
subsection (3)(d).'. 29
(6) Section 7(4A), after `amends'-- 30
insert-- 31
`the notice of intention to resume'. 32
Page 9
Acquisition of Land and Other Legislation Amendment Bill 2008
Part 2 Amendment of Acquisition of Land Act 1967
[s 6]
Clause 6 Amendment of s 8 (Dealing with objections) 1
(1) Section 8(1), after `taking'-- 2
insert-- 3
`(the objector)'. 4
(2) Section 8-- 5
insert-- 6
`(3) If the constructing authority amends the notice of intention to 7
resume, the objector can not again object to the taking of the 8
land as provided for under the amended notice if the owner of 9
the land (whether or not the owner is the objector) agrees to 10
the amendment.'. 11
Clause 7 Amendment of s 11 (Amending of gazette resumption 12
notice) 13
(1) Section 11-- 14
insert-- 15
`(1A) Despite subsection (1), the relevant Minister for the gazette 16
resumption notice, by gazette notice (also an amending 17
gazette notice), also may amend the gazette resumption notice 18
to make a change mentioned in subsection (1B). 19
`(1B) An amending gazette notice may change the description or 20
area of land taken under the gazette resumption notice only 21
if-- 22
(a) the description or area was described in the gazette 23
resumption notice other than in a plan of survey 24
registered in the land registry; and 25
(b) the description or area is described in the amending 26
gazette notice in a plan of survey that-- 27
(i) complies with the Survey and Mapping 28
Infrastructure Act 2003; and 29
(ii) is certified as accurate by a cadastral surveyor 30
within the meaning of the Surveyors Act 2003; and 31
Page 10
Acquisition of Land and Other Legislation Amendment Bill 2008
Part 2 Amendment of Acquisition of Land Act 1967
[s 8]
(c) the change is made solely to accurately state the 1
description or area of land taken.'. 2
(2) Section 11-- 3
insert-- 4
`(5) The relevant Minister for the gazette resumption notice may 5
delegate the Minister's power under subsection (1A) to an 6
appropriately qualified officer of the department administered 7
by the Minister. 8
`(6) In this section-- 9
appropriately qualified, for an officer to whom the power 10
may be delegated, includes having the qualifications, 11
experience or standing appropriate to exercise the power. 12
Example of standing for officer of a department-- 13
the officer's classification or level in the department 14
relevant Minister, for a gazette resumption notice, means the 15
Minister to whom the application, that the land the subject of 16
the notice be taken, was made under section 9.'. 17
Clause 8 Amendment of s 12 (Effect of gazette resumption notice) 18
(1) Section 12(2)-- 19
omit. 20
(2) Section 12(2A), from `(including' to `simple)'-- 21
omit. 22
(3) Section 12(4), `public purpose'-- 23
omit, insert-- 24
`public purpose, or land comprised in a lease held under the 25
Land Act 1994,'. 26
(4) Section 12(4), from `and may,' to `another Act'-- 27
omit. 28
(5) Section 12-- 29
insert-- 30
Page 11
Acquisition of Land and Other Legislation Amendment Bill 2008
Part 2 Amendment of Acquisition of Land Act 1967
[s 9]
`(4A) Land mentioned in subsection (4) may, having regard to the 1
purpose for which it was taken-- 2
(a) be dedicated, under the Land Act 1994, as a reserve 3
under the trusteeship of the constructing authority; or 4
(b) be dedicated, under the Land Act 1994 or this Act, as a 5
road; or 6
(c) be granted or leased, under the Land Act 1994, to the 7
constructing authority; or 8
(d) be dealt with under another Act. 9
`(4B) The constructing authority that takes the land mentioned in 10
subsection (4) may also deal with the land for the purpose for 11
which it is taken on and from the day it is taken, even though 12
the land is yet to be dedicated, granted, leased or otherwise 13
dealt with under subsection (4A).'. 14
(6) Section 12-- 15
insert-- 16
`(5C) Despite subsection (5), a person does not obtain a right to 17
claim compensation under this Act in relation to an interest in 18
land that is an interest under a services contract for the land.'. 19
(7) Section 12-- 20
insert-- 21
`(9) In this section-- 22
services contract, for land, means a contract merely for the 23
provision of services on, to, or in relation to, the land, but does 24
not include a contract for the provision of services under 25
which a person has a right to reside on any part of the land. 26
Example of a services contract-- 27
a contract for the provision of a cleaning or maintenance service on 28
premises'. 29
Clause 9 Amendment of s 12B (Particular land may be dedicated 30
as road) 31
(1) Section 12B(1)-- 32
Page 12
Acquisition of Land and Other Legislation Amendment Bill 2008
Part 2 Amendment of Acquisition of Land Act 1967
[s 10]
omit, insert-- 1
`(1) This section applies if land is taken under this Act for the 2
purpose of roads.'. 3
(2) Section 12B(2), `freehold land register'-- 4
omit, insert-- 5
`appropriate register under the Land Act 1994 or the Land 6
Title Act 1994'. 7
Clause 10 Amendment of s 13 (Owner may require small parcel of 8
severed land to be taken) 9
(1) Section 13, heading-- 10
omit, insert-- 11
`13 Provision for taking particular additional land'. 12
(2) Section 13(1)-- 13
omit, insert-- 14
`(1) If-- 15
(a) a constructing authority proposes to take, or has taken, 16
part of any land; and 17
(b) the taking of the part (the primary part) will leave, or 18
has left, a parcel of land (the additional land) that the 19
constructing authority and the owner of the land 20
required to be taken or that was taken agree in writing is 21
of no practical use or value to the owner; 22
the constructing authority also must take the additional land. 23
`(1A) The taking of the additional land mentioned in subsection (1) 24
is taken to be for a purpose incidental to the carrying out of 25
the purpose for which the primary part is to be, or was, 26
taken.'. 27
(3) Section 13(2), `(the additional land)'-- 28
omit, insert-- 29
`(also the additional land)'. 30
Page 13
Acquisition of Land and Other Legislation Amendment Bill 2008
Part 2 Amendment of Acquisition of Land Act 1967
[s 11]
(4) Section 13(2), `is to be taken.'-- 1
omit, insert-- 2
`is taken.'. 3
(5) Section 13-- 4
insert-- 5
`(2A) The constructing authority may take the additional land 6
mentioned in subsection (2) when the constructing authority 7
takes the primary land or after the primary land has been 8
taken.'. 9
(6) Section 13(3), `pursuant to subsection (1) or (2)'-- 10
omit, insert-- 11
`under this section'. 12
Clause 11 Amendment of s 17 (Revocation before determination of 13
compensation) 14
Section 17(2)(b), `subparagraph'-- 15
omit, insert-- 16
`section'. 17
Clause 12 Amendment of s 18 (By whom compensation may be 18
claimed) 19
(1) Section 18-- 20
insert-- 21
`(3A) If a person's investment property is taken under this Act, 22
compensation for costs mentioned in the definition costs 23
attributable to disturbance, paragraphs (a) and (b), under 24
section 20(5) is claimable by, and payable to, the person for 25
the purchase of land by the person to replace the investment 26
property.'. 27
(2) Section 18-- 28
insert-- 29
Page 14
Acquisition of Land and Other Legislation Amendment Bill 2008
Part 2 Amendment of Acquisition of Land Act 1967
[s 13]
`(12) Subsection (13) applies to the proprietor of a lot in a building 1
units plan under the Building Units and Group Titles Act 2
1980, or the owner of a lot in a community titles scheme under 3
the Body Corporate and Community Management Act 1997, 4
in relation to which a claim for compensation for common 5
property mentioned in subsection (6) or (9) is made. 6
`(13) The making of the claim for compensation for the common 7
property does not stop the proprietor or owner making a claim 8
for compensation for damage suffered by the proprietor or 9
owner as a result of the taking of the common property and 10
the effect of the taking on the proprietor's or owner's lot. 11
`(14) In subsection (3A)-- 12
investment property, of a person, means any land held by the 13
person for investment purposes.'. 14
Clause 13 Amendment of s 19 (Claim for compensation) 15
Section 19-- 16
insert-- 17
`(3) A claim for compensation may be served on the constructing 18
authority only within 3 years after the day the land was taken. 19
`(4) Despite subsection (3), the constructing authority may accept, 20
and deal with, a claim for compensation served by the 21
claimant more than 3 years after the day the land was taken if 22
the constructing authority is satisfied it is reasonable in all the 23
circumstances to do so. 24
`(5) If the constructing authority does not accept a claim served by 25
the claimant more than 3 years after the day the land was 26
taken, the claimant may apply to the Land Court to decide 27
whether it is reasonable in all the circumstances for the 28
constructing authority to accept the claim. 29
`(6) If the Land Court decides it is reasonable in all the 30
circumstances for the constructing authority to accept the 31
claim, the constructing authority must accept, and deal with, 32
the claim under this Act. 33
Page 15
Acquisition of Land and Other Legislation Amendment Bill 2008
Part 2 Amendment of Acquisition of Land Act 1967
[s 14]
`(7) If the constructing authority accepts and deals with a claim for 1
compensation served by the claimant more than 3 years after 2
the day the land was taken, the Land Court must take into 3
account the late service of the claim in deciding any amount 4
of interest payable under section 28 in relation to the claim.'. 5
Clause 14 Amendment of s 20 (Assessment of compensation) 6
(1) Section 20(1), from `also to the damage'-- 7
omit, insert-- 8
`also-- 9
(a) to the damage, if any, caused by any of the following-- 10
(i) the severing of the land taken from other land of 11
the claimant; 12
(ii) the exercise of any statutory powers by the 13
constructing authority otherwise injuriously 14
affecting the claimant's other land mentioned in 15
subparagraph (i); and 16
(b) to the claimant's costs attributable to disturbance.'. 17
(2) Section 20-- 18
insert-- 19
`(2A) However, in assessing the compensation, a contract, licence, 20
agreement or other arrangement (a relevant instrument) 21
entered into in relation to the land after the notice of intention 22
to resume was served on the claimant must not be taken into 23
consideration if the relevant instrument was entered into for 24
the sole or dominant purpose of enabling the claimant or 25
another person to obtain compensation for an interest in the 26
land created under the instrument.'. 27
(3) Section 20-- 28
insert-- 29
`(5) In this section-- 30
costs attributable to disturbance, in relation to the taking of 31
land, means all or any of the following-- 32
Page 16
Acquisition of Land and Other Legislation Amendment Bill 2008
Part 2 Amendment of Acquisition of Land Act 1967
[s 14]
(a) legal costs and valuation or other professional fees 1
reasonably incurred by the claimant in relation to the 2
preparation and filing of the claimant's claim for 3
compensation; 4
(b) the following costs relating to the purchase of land by a 5
claimant to replace the land taken-- 6
(i) stamp duty reasonably incurred or that might 7
reasonably be incurred by the claimant, but not 8
more than the amount of stamp duty that would be 9
incurred for the purchase of land of equivalent 10
value to the land taken; 11
(ii) financial costs reasonably incurred or that might 12
reasonably be incurred by the claimant in relation 13
to the discharge of a mortgage and the execution of 14
a new mortgage, but not more than the amount that 15
would be incurred if the new mortgage secured the 16
repayment of the balance owing in relation to the 17
discharged mortgage; 18
(iii) legal costs reasonably incurred by the claimant; 19
(iv) other financial costs, other than any taxation 20
liability, reasonably incurred by the claimant; 21
(c) removal and storage costs reasonably incurred by the 22
claimant in relocating from the land taken; 23
(d) costs reasonably incurred by the claimant to connect to 24
any services or utilities on relocating from the land 25
taken; 26
(e) other financial costs that are reasonably incurred or that 27
might reasonably be incurred by the claimant, relating to 28
the use of the land taken, as a direct and natural 29
consequence of the taking of the land; 30
(f) an amount reasonably attributed to the loss of profits 31
resulting from interruption to the claimant's business 32
that is a direct and natural consequence of the taking of 33
the land; 34
Page 17
Acquisition of Land and Other Legislation Amendment Bill 2008
Part 2 Amendment of Acquisition of Land Act 1967
[s 15]
(g) other economic losses and costs reasonably incurred by 1
the claimant that are a direct and natural consequence of 2
the taking of the land. 3
Example of costs for paragraph (g)-- 4
cost of school uniforms for children enrolled in a new school 5
because of relocation from the land taken'. 6
Clause 15 Amendment of s 21 (Grant of easement etc. in 7
satisfaction of compensation) 8
(1) Section 21, heading, `in satisfaction'-- 9
omit, insert-- 10
`or transfer of land in satisfaction'. 11
(2) Section 21-- 12
insert-- 13
`(1A) Also, the constructing authority and the claimant may agree 14
that the constructing authority will transfer land held in fee 15
simple by the constructing authority to the claimant in 16
satisfaction wholly or partly of the claimant's claim for 17
compensation.'. 18
(3) Section 21(2), `case'-- 19
omit, insert-- 20
`cases'. 21
(4) Section 21(2), `grant'-- 22
omit, insert-- 23
`grant or transfer'. 24
Clause 16 Insertion of new s 26A 25
After section 26-- 26
insert-- 27
Page 18
Acquisition of Land and Other Legislation Amendment Bill 2008
Part 2 Amendment of Acquisition of Land Act 1967
[s 16]
`26A Jurisdiction about recovery of advance against 1
compensation 2
`(1) This section applies if, in relation to land taken-- 3
(a) a constructing authority advances an amount to a 4
claimant under section 23; and 5
(b) the Land Court later decides an amount of compensation 6
payable to the claimant that is less than the amount 7
mentioned in paragraph (a). 8
`(2) The amount (the outstanding amount) that is the difference 9
between the following amounts is an amount owing to the 10
constructing authority by the claimant-- 11
(a) the amount mentioned in subsection (1)(a); 12
(b) the total of the amount of compensation decided by the 13
Land Court and any interest payable on that amount to 14
the claimant. 15
`(3) The Land Court has jurisdiction to make an order that the 16
outstanding amount be paid by the claimant to the 17
constructing authority. 18
`(4) The Land Court may make an order under subsection (3) at 19
any time after it decides the amount of compensation. 20
`(5) The Land Court may order the claimant to pay interest on the 21
outstanding amount for all or any part of the period-- 22
(a) starting on the day the amount mentioned in subsection 23
(1)(a) was advanced to the claimant; and 24
(b) ending at the beginning of the day the claimant pays the 25
outstanding amount to the constructing authority. 26
`(6) Interest mentioned in subsection (5) is payable by the 27
claimant-- 28
(a) at the rate stated in the order that the Land Court 29
considers appropriate; and 30
(b) when the outstanding amount is payable. 31
`(7) An order under subsection (3) may be enforced as if it were an 32
order made by the Supreme Court.'. 33
Page 19
Acquisition of Land and Other Legislation Amendment Bill 2008
Part 2 Amendment of Acquisition of Land Act 1967
[s 17]
Clause 17 Insertion of new pt 6, div 3 1
After section 45-- 2
insert-- 3
`Division 3 Provisions for Acquisition of Land 4
and Other Legislation Amendment 5
Act 2008 6
`46 Making claims for compensation 7
`Section 19(3) to (6) does not apply in relation to a claim for 8
compensation for land taken by a constructing authority 9
before the commencement of this section. 10
`47 Recovery of advance against compensation 11
`Section 26A does not apply in relation to land taken by a 12
constructing authority before the commencement of this 13
section if, before the commencement, a proceeding for the 14
recovery of an amount of an advance made under section 23 15
for the land has started.'. 16
Clause 18 Replacement of schedule 17
Schedule-- 18
omit, insert-- 19
`Schedule Purposes for taking land 20
section 5 21
`Part 1 Purposes relating to 22
transportation 23
· aviation and related purposes 24
Page 20
Acquisition of Land and Other Legislation Amendment Bill 2008
Part 2 Amendment of Acquisition of Land Act 1967
[s 18]
· beacons 1
· bridges 2
· docks 3
· dockyards 4
· ferries 5
· harbours and harbour works 6
· jetties 7
· landing places 8
· lighthouses 9
· locks 10
· parking of vehicles 11
· railways and related purposes 12
· roads 13
· tramways 14
· weighbridges 15
· wharves 16
`Part 2 Purposes relating to the 17
environment 18
· protected areas within the meaning of the Nature 19
Conservation Act 1992, part 4, division 2 20
· soil conservation 21
· works for the protection of the seashore and land 22
adjoining the seashore 23
Page 21
Acquisition of Land and Other Legislation Amendment Bill 2008
Part 2 Amendment of Acquisition of Land Act 1967
[s 18]
`Part 3 Purposes relating to 1
educational and cultural 2
facilities 3
· colleges 4
· kindergartens 5
· libraries 6
· museums 7
· State educational institutions or other schools 8
· TAFE institutes or statutory TAFE institutes under the 9
Vocational Education, Training and Employment Act 10
2000 11
· universities or other higher education institutions 12
· other educational establishments 13
`Part 4 Purposes relating to health 14
services 15
· ambulance services 16
· health facilities, including health centres, community 17
health centres and health clinics 18
· hospitals and services related to the operation of 19
hospitals 20
· community residential facilities, including boarding 21
houses, refuges, aged care facilities and facilities for 22
people with a disability, social disadvantage or mental 23
illness 24
Page 22
Acquisition of Land and Other Legislation Amendment Bill 2008
Part 2 Amendment of Acquisition of Land Act 1967
[s 18]
`Part 5 Purposes relating to natural 1
resources 2
· gravel and sand pits 3
· quarries 4
`Part 6 Purposes relating to recreation 5
· botanical or other gardens 6
· gymnasiums 7
· markets 8
· parks 9
· public meetings 10
· public music 11
· racecourses 12
· recreation grounds 13
· showgrounds 14
· swimming pools 15
`Part 7 Purposes relating to water 16
· aqueducts 17
· bore drains 18
· bores 19
· canals 20
Page 23
Acquisition of Land and Other Legislation Amendment Bill 2008
Part 2 Amendment of Acquisition of Land Act 1967
[s 18]
· dams, weirs or other works for the conservation or 1
reticulation of water 2
· drainage 3
· flood gates or flood warnings 4
· flood prevention or flood mitigation 5
· fords 6
· pumps 7
· quays 8
· reservoirs 9
· wells 10
`Part 8 Purposes relating to primary 11
production 12
· experimental farms 13
· forestry (including afforestation, silviculture, protection 14
of forests and forest products, harvesting, transporting, 15
milling, preparing, treating or marketing forest products, 16
access to or for the purposes of forests, acquisition of 17
forests and forest products and related purposes) 18
`Part 9 Purposes relating to law 19
enforcement 20
· corrective service facilities under the Corrective 21
Services Act 2006 22
· detention centres and other places for the purposes of 23
the Juvenile Justice Act 1992 24
Page 24
Acquisition of Land and Other Legislation Amendment Bill 2008
Part 2 Amendment of Acquisition of Land Act 1967
[s 18]
· police 1
· watchhouses 2
`Part 10 Purposes relating to urban 3
planning 4
· civic centres or squares 5
· setting apart, subdividing, resubdividing, reclaiming, 6
alienating, taking up, occupying or leasing any 7
unallocated State land, or dealing with unallocated State 8
land in any way in which it may be dealt with under the 9
Land Act 1994 (whether in carrying out the purposes for 10
which the land is taken, the land is dealt with separately 11
or in conjunction with any adjacent or other unallocated 12
State land) 13
`Part 11 Purposes relating to sanitation 14
· septic tanks 15
· sewage farms and disposal works and depots 16
· sewerage 17
· sewers 18
· waste management facilities, including refuse tips and 19
refuse transfer stations 20
`Part 12 Purposes relating to works, 21
construction and facilities 22
Page 25
Acquisition of Land and Other Legislation Amendment Bill 2008
Part 2 Amendment of Acquisition of Land Act 1967
[s 18]
· buildings 1
· caravan parks 2
· cemeteries or crematories 3
· departmental and official purposes 4
· electrical works 5
· fire stations 6
· pounds 7
· works for the conservation of hydraulic or other power 8
· works for any public works, or other work or purpose of 9
a similar nature 10
· works for the construction or erection of any public or 11
other works that the constructing authority is authorised 12
under any Act or resolution of Parliament to construct or 13
erect, or for the purposes of any Act 14
`Part 13 Purposes relating to non-profit 15
or not-for-profit organisations 16
· non-profit or not-for-profit organisations, including a 17
charity, charitable institution, public benevolent 18
institution, charitable fund and income tax exempt fund 19
`Part 14 Other purposes 20
· any purpose declared under a regulation to be a purpose 21
for which land may be taken under this Act'. 22
Page 26
Acquisition of Land and Other Legislation Amendment Bill 2008
Part 3 Amendment of Land Act 1994
[s 19]
Part 3 Amendment of Land Act 1994 1
Clause 19 Act amended in pt 3 2
This part amends the Land Act 1994. 3
Clause 20 Amendment of s 31B (Changing community purpose) 4
(1) Section 31B, heading and subsections (2) to (7), 5
`community'-- 6
omit. 7
(2) Section 31B(1), from `community purpose'-- 8
omit, insert-- 9
`purpose for which a reserve is dedicated to a community 10
purpose or another community purpose.'. 11
Clause 21 Amendment of s 31F (Notice of registration of action in 12
relation to reserve) 13
Section 31F(4), definition action, paragraph (c), 14
`community'-- 15
omit. 16
Clause 22 Amendment of s 32 (State leases over reserves) 17
Section 32(1), `Governor in Council'-- 18
omit, insert-- 19
`Minister'. 20
Clause 23 Amendment of s 34I (Applying for deed of grant) 21
Section 34I(1), after `the reserve'-- 22
insert-- 23
`if the trustee is a constructing authority'. 24
Page 27
Acquisition of Land and Other Legislation Amendment Bill 2008
Part 3 Amendment of Land Act 1994
[s 24]
Clause 24 Insertion of new s 34IA 1
After section 34I-- 2
insert-- 3
`34IA Particular matters about issue of deed of grant 4
`(1) The Minister may recommend to the Governor in Council the 5
issue of a deed of grant only if satisfied the deed of grant 6
would be an appropriate tenure for the reserve, having regard 7
to-- 8
(a) the public purpose for which the land was reserved and 9
set apart under the repealed Act; and 10
(b) the current and proposed use of the land. 11
`(2) If the Minister decides to recommend to the Governor in 12
Council the issue of a deed of grant, the Minister must decide 13
the purchase price for the land in the reserve.'. 14
Clause 25 Amendment of s 34J (Notice of proposal to issue deed of 15
grant) 16
(1) Section 34J(1), `Governor in Council proposes to issue'-- 17
omit, insert-- 18
`Minister proposes to recommend to the Governor in Council 19
the issue of'. 20
(2) Section 34J(2)(b)(ii), `Governor in Council'-- 21
omit, insert-- 22
`Minister'. 23
Clause 26 Amendment of s 34K (Submissions) 24
(1) Section 34K(1), `Governor in Council'-- 25
omit, insert-- 26
`Minister'. 27
(2) Section 34K(3)-- 28
Page 28
Acquisition of Land and Other Legislation Amendment Bill 2008
Part 3 Amendment of Land Act 1994
[s 27]
omit, insert-- 1
`(3) The Minister must consider all submissions received under 2
this section before recommending to the Governor in Council 3
the issue of the deed of grant.'. 4
Clause 27 Amendment of s 35 (Use for community purposes of land 5
granted in trust) 6
(1) Section 35, heading, `for community purposes'-- 7
omit. 8
(2) Section 35(1)(a), `community'-- 9
omit. 10
Clause 28 Amendment of s 36 (Amalgamating land with common 11
purposes) 12
Section 36(1), `for a purpose'-- 13
omit, insert-- 14
`for a community purpose'. 15
Clause 29 Amendment of s 38B (Notice of proposal to add 16
community purpose, amalgamate land or cancel) 17
Section 38B, `the Minister proposes'-- 18
omit, insert-- 19
`it is proposed'. 20
Clause 30 Amendment of s 57 (Trustee leases) 21
Section 57(4), after `lease'-- 22
insert-- 23
`, other than a construction trustee lease,'. 24
Page 29
Acquisition of Land and Other Legislation Amendment Bill 2008
Part 3 Amendment of Land Act 1994
[s 31]
Clause 31 Amendment of s 61 (Conditions on trustee leases and 1
trustee permits) 2
(1) Section 61(3), `community'-- 3
omit. 4
(2) Section 61(4), `building'-- 5
omit, insert-- 6
`construction trustee lease or to a building'. 7
Clause 32 Amendment of s 100 (Public notice of closure) 8
Section 100(3)-- 9
insert-- 10
`(c) the road closure application is to close part of a road 11
adjoining transport land and the closure will not 12
adversely affect the part of the road being used as a 13
road.'. 14
Clause 33 Amendment of s 167 (Provisions for deciding application) 15
(1) Section 167(1)(m)-- 16
omit. 17
(2) Section 167(1)(n) to (p)-- 18
renumber as section 167(1)(m) to (o). 19
Clause 34 Amendment of s 275 (Registers comprising land registry) 20
Section 275(b), `and trustees of trust land'-- 21
omit. 22
Clause 35 Amendment of s 276 (Registers to be kept by chief 23
executive) 24
Section 276(b), `and trustees of trust land'-- 25
omit. 26
Page 30
Acquisition of Land and Other Legislation Amendment Bill 2008
Part 3 Amendment of Land Act 1994
[s 36]
Clause 36 Amendment of s 279 (Registration of land management 1
agreements and transition to sale agreements) 2
Section 279(1), `240P'-- 3
omit, insert-- 4
`240O'. 5
Clause 37 Amendment of s 360A (Minister may change term leases, 6
other than State leases, or perpetual leases) 7
(1) Section 360A(2), `plan subdivision'-- 8
omit, insert-- 9
`plan of subdivision'. 10
(2) Section 360A(3)(c)-- 11
renumber as section 360A(3)(d). 12
(3) Section 360A(3)-- 13
insert-- 14
`(c) the Minister has approved that an area of unallocated 15
State land be included in the lease; or'. 16
Clause 38 Amendment of s 373AA (Compliance with s 373A) 17
Section 373AA, second mention-- 18
renumber as section 373AB. 19
Clause 39 Amendment of s 376 (Deed of grant or lease may issue in 20
name of deceased person) 21
Section 376(1), `or lease'-- 22
omit, insert-- 23
`or freeholding lease, and the Minister may issue a term or 24
perpetual lease,'. 25
Page 31
Acquisition of Land and Other Legislation Amendment Bill 2008
Part 3 Amendment of Land Act 1994
[s 40]
Clause 40 Amendment of s 391A (General provision about 1
approvals) 2
Section 391A(1), `It'-- 3
omit, insert-- 4
`If'. 5
Clause 41 Amendment of s 442 (Lapse of offer) 6
Section 442(6), `offeree to extend'-- 7
omit, insert-- 8
`offeror to extend'. 9
Clause 42 Amendment of s 462 (Terms of post-Wolfe freeholding 10
leases) 11
(1) Section 462(1)(f)-- 12
omit. 13
(2) Section 462(1)(g) to (i)-- 14
renumber as section 462(1)(f) to (h). 15
Clause 43 Omission of ch 8, pt 7A (Brigalow and other lands 16
development provisions) 17
Chapter 8, part 7A-- 18
omit. 19
Clause 44 Omission of s 521K (Application made before 20
commencement) 21
Section 521K-- 22
omit. 23
Clause 45 Insertion of new ch 9, pts 1F and 1G 24
Chapter 9-- 25
Page 32
Acquisition of Land and Other Legislation Amendment Bill 2008
Part 3 Amendment of Land Act 1994
[s 45]
insert-- 1
`Part 1F Further transitional provisions 2
for Land and Other Legislation 3
Amendment Act 2007 4
`521Q Definition for pt 1F 5
`In this part-- 6
commencement means the commencement of this section. 7
`521R Outstanding applications continued under 8
post-amended Act 9
`(1) An outstanding application continues under the provisions of 10
the post-amended Act. 11
`(2) However, the matters the designated officer, designated 12
person or other person deciding the application must consider 13
are-- 14
(a) if the applicant for the application asks that the matters 15
to be considered in deciding the application are the 16
matters to be considered under the post-amended 17
Act--the matters to be considered for a similar 18
application under the post-amended Act; or 19
(b) otherwise--the matters that would have been considered 20
in deciding the application under the pre-amended Act. 21
`(3) Also, chapter 7, part 2A of the post-amended Act does not 22
apply to the application. 23
`(4) In this section-- 24
outstanding application means an application made under the 25
pre-amended Act but not dealt with as at the commencement. 26
post-amended Act means the Land Act 1994 as in force from 27
time to time on and after 1 January 2008. 28
pre-amended Act means the Land Act 1994 as in force 29
immediately before 1 January 2008. 30
Page 33
Acquisition of Land and Other Legislation Amendment Bill 2008
Part 3 Amendment of Land Act 1994
[s 45]
`521S Particular new leases exempted from particular 1
provisions 2
`(1) The following provisions do not apply to a new lease-- 3
· section 162A 4
· section 168A 5
· section 176H. 6
`(2) In this section-- 7
new lease means a lease offered and accepted under this Act 8
before 1 January 2008 but not granted as at the 9
commencement. 10
`Part 1G Transitional provision for 11
Acquisition of Land and Other 12
Legislation Amendment Act 13
2008 14
`521T Provision about change of purpose for reserves 15
`(1) This section applies if-- 16
(a) under section 31B as in force before the 17
commencement, the purpose of a reserve that was not a 18
community purpose was changed to a community 19
purpose; and 20
(b) the change was registered before the commencement. 21
`(2) The change is taken to have been lawfully made under this 22
Act. 23
`(3) In this section-- 24
commencement means the day this section commences.'. 25
Page 34
Acquisition of Land and Other Legislation Amendment Bill 2008
Part 4 Amendment of other Acts
[s 46]
Clause 46 Amendment of sch 6 (Dictionary) 1
(1) Schedule 6, definitions, agreement, corporation, fund and 2
repealed Act-- 3
omit. 4
(2) Schedule 6-- 5
insert-- 6
`repealed Act means the Land Act 1962.'. 7
Part 4 Amendment of other Acts 8
Clause 47 Other Acts amended 9
The schedule amends the Acts it mentions. 10
Page 35
Acquisition of Land and Other Legislation Amendment Bill 2008
Schedule
Schedule Consequential amendments of 1
other Acts 2
section 47 3
Integrated Planning Act 1997 4
1 Schedule 8, part 1, table 3, item 1(e)(i) and (f), `paragraph 5
(a)'-- 6
omit, insert-- 7
`parts 1 to 13 (other than part 10, second dot point)'. 8
2 Schedule 9, table 3, item 2(e)(i), `paragraph (a)'-- 9
omit, insert-- 10
`parts 1 to 13 (other than part 10, second dot point)'. 11
South Bank Corporation Act 1989 12
1 Section 4(a)(v), `paragraph (a)'-- 13
omit, insert-- 14
`parts 1 to 13 (other than part 10, second dot point)'. 15
© State of Queensland 2008
Page 36
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