Queensland Consolidated Acts

ACQUISITION OF LAND ACT 1967 - SECT 7

7 Notice of intention to take land

(1) A constructing authority which proposes to take any land shall serve as prescribed by this section the notice (a
"notice of intention to resume" ) prescribed by this section.

(2) A notice of intention to resume shall be served upon any and every person who to the knowledge of the constructing authority—

(a) will be entitled to claim compensation under this Act in respect of the taking of the land concerned; or

(b) is a mortgagee of the land.

(2A) Despite subsection (2) , if the land the subject of a notice of intention to resume is common property within the meaning of, and shown on a building units plan under, the Building Units and Group Titles Act 1980 , the constructing authority need only serve the notice on—

(a) the body corporate constituted under that Act by the proprietors of the lots in the building units plan; and

(b) each entity, other than the body corporate or a proprietor of a lot in the building units plan on which the common property is shown, who to the knowledge of the constructing authority has an interest in the common property.

(2B) Also despite subsection (2) , if the land the subject of a notice of intention to resume is common property for a community titles scheme under the Body Corporate and Community Management Act 1997 , the constructing authority need only serve the notice on—

(a) the body corporate under that Act for the community titles scheme; and

(b) each entity, other than the body corporate or an owner of a lot in the community titles scheme for the common property, who to the knowledge of the constructing authority has an interest in the common property.

(2C) Subsection (2D) applies if the constructing authority gives a body corporate mentioned in subsection (2A) or (2B) a notice of intention to resume or a notice amending a notice of intention to resume (each a
"relevant notice" ).

(2D) The body corporate must ensure a copy of the relevant notice accompanies the first notice of a general meeting of the body corporate given to each of its members after receiving the relevant notice.

(3) A notice of intention to resume shall be in writing and shall—

(a) state the particular purpose for which the land to be taken is required; and

(b) state the description of the land to be taken which description—

(i) if the land is described as a separate lot or parcel in a plan of survey registered in the land registry or deposited in the office of the chief executive (surveys)—shall be that description; or

(ii) if the land is not described as mentioned in subparagraph (i) —may be made in any manner sufficient to substantially identify the land; and

(c) in the case of an easement—also state the rights and obligations to be conferred and imposed by the easement; and

(d) state that the person to whom the notice is directed may, on or before the date specified in the notice (being a date not less than 30 days after the date of the notice), serve upon the constructing authority at the address set out in the notice an objection in writing to the taking of the land; and

(e) in relation to the objection mentioned in paragraph (d) —set out—

(i) that the objection must state the grounds of the objection and the facts and circumstances relied on by the objector in support of those grounds; and

(ii) that any matter pertaining to the amount or payment of compensation is not a ground of objection; and

(iii) that an objector who states in the objection that the objector desires to be heard in support of the grounds of the objection may appear and be heard by the constructing authority or its delegate at the time and place specified in the notice; and

(ea) if the land the subject of the notice is common property within the meaning of, and shown on a building units plan under, the Building Units and Group Titles Act 1980 —

(i) state the proprietor of a lot in the building units plan may be entitled to compensation for damage suffered by the proprietor as a result of the taking of the common property and the effect of the taking on the proprietor’s lot; and

(ii) state the requirement imposed on the body corporate for the common property under subsection (2D) ; and

(eb) if the land the subject of the notice is common property for a community titles scheme under the Body Corporate and Community Management Act 1997 —

(i) state the owner of a lot in the scheme may be entitled to compensation for damage suffered by the owner as a result of the taking of the common property and the effect of the taking on the owner’s lot; and

(ii) state the requirement imposed on the body corporate for the common property under subsection (2D) ; and

(f) state that the constructing authority is willing to negotiate to acquire by agreement or, failing agreement, to treat as to the compensation to be paid and all consequential matters; and

(g) include details of—

(i) the period within which a claim for compensation under this Act must be served on the constructing authority; and

(ii) the claimant’s right to apply to the Land Court to serve a claim after the end of the period mentioned in subparagraph (i) ; and

Note—

For the matters mentioned in paragraph (g) , see section 19 (3) to (6) .

(h) include information about how, under section 20 (2A) , a contract, licence, agreement or other arrangement entered into in relation to the land after the notice of intention to resume is served may be dealt with in assessing compensation to be paid under this Act.

Note—

See also—

(a) the Geothermal Energy Act 2010 , section 350A (8) for additional requirements if geothermal interests under that Act are to be wholly or partially extinguished; and

(b) the Greenhouse Gas Storage Act 2009 , section 369A (8) for additional requirements if GHG interests under that Act are to be wholly or partially extinguished; and

(c) the Mineral Resources Act 1989 , section 10AAA (8) for additional requirements if mining tenement interests under that Act are to be wholly or partially extinguished; and

(d) the Petroleum Act 1923 , section 124A (8) for additional requirements if 1923 Act petroleum interests under that Act are to be wholly or partially extinguished; and

(e) the Petroleum and Gas (Production and Safety) Act 2004 , section 30AA (8) for additional requirements if petroleum interests under that Act are to be partially or wholly extinguished.

(4) Where a notice of intention to resume relates to land under the Land Title Act 1994 , the constructing authority shall file a copy of the notice with the land registry.

(4AA) The constructing authority may, by written notice given to each entity to whom the notice of intention to resume is served under subsection (2) , (2A) or (2B) , amend the notice of intention to resume.

(4AB) If the constructing authority amends the notice of intention to resume, the period within which an entity may serve on the constructing authority an objection to the taking of the land starts again from the day the notice of the amendment is given to the entity.

Note—

For the period within which an entity may serve an objection, see subsection (3) (d) .

(4A) If the constructing authority amends the notice of intention to resume or discontinues the resumption it shall forthwith file with the land registry a notice of the amendment or discontinuance.

(4B) For the purpose of subsection (4A) , notwithstanding that a constructing authority has not served notice under section 16 , it shall be deemed to discontinue a resumption if an application under section 9 (1) has not been made within the time stated in section 9 (2) .

(5) The failure by the constructing authority to serve upon the owner a notice of intention to resume, where such failure is due to circumstances beyond the control of the constructing authority, or the failure of the constructing authority to serve upon any person other than the owner a notice of intention to resume, or the failure of the constructing authority to observe subsection (4) , shall not prejudice any gazette resumption notice made under this Act, with respect to any land, and any land included in the notice shall be taken in terms of the notice notwithstanding any such failure, and the failure by the constructing authority to serve upon any person entitled thereto any notice as prescribed by this Act shall not invalidate the continuance or discontinuance of any resumption.

(6) In subsection (5) —

"owner" means, in the case of land under the Land Title Act 1994 , the person registered as the proprietor in fee simple at the date of the notice of intention to resume.