Queensland Consolidated Acts

ACQUISITION OF LAND ACT 1967 - SECT 9

9 Ways in which land is to be taken

(1) If within the time stated in the notice of intention to resume no objection is made or if, after due consideration of all objections, the constructing authority is of opinion that the land in question is required for the purpose for which it is proposed to be taken, the constructing authority may apply to the relevant Minister that the land be taken as prescribed by this section.

(2) Such application shall be made within 12 months after the date of the notice of intention to resume and not thereafter.

(3) Such application shall contain or be accompanied by each of the following—

(a) a copy of the relevant notice of intention to resume and of any further notice amending the same served under section 7 ;

(b) where the land is not described in the notice of intention to resume as mentioned in section 7 (3) (b) (i) —a copy of a plan of survey of the land certified as accurate by a cadastral surveyor or a plan sufficient to substantially identify the land;

(c) a list of the names and addresses last known to the constructing authority of all persons who to the knowledge of the constructing authority are entitled pursuant to section 18 to claim compensation;

(d) a statement as to those of the persons mentioned in paragraph (c) who have not been served with the notice of intention to resume and, a further statement setting out in relation to every such person, the manner in which such service was attempted and the reasons for failure to effect it;

(e) a statement whether or not any person objected in terms of the notice of intention to resume and, in the case of such an objection or objections, the name or names of the objector or objectors, a copy of every objection, and a report by the constructing authority thereon.

(4) The relevant Minister may require any constructing authority to furnish, within a time specified by the relevant Minister, such further particulars and information as the relevant Minister deems fit with respect to an application under this section.

(5) The relevant Minister must consider every application made under this section, including all statements and documents, or copies of documents, accompanying the application to ensure that—

(a) the land to be taken may be taken and should be taken for the purpose for which it is proposed to be taken; and

(b) the constructing authority has taken reasonable steps to comply with sections 7 and 8 ; and

(c) if the notice of intention to resume has not been served on the owner as defined in section 7 (6) , that the failure to do so was due to circumstances beyond the control of the constructing authority.

(6) The Governor in Council may, by gazette notice, declare that the land particularised in the notice is taken for the purpose mentioned in the notice.

(7) Without limiting subsection (6) , the relevant Minister may, by gazette notice, declare that the land particularised in the notice is taken for the purpose mentioned in the notice if—

(a) the objection period for the notice of intention to resume the land has ended and no objections were received in response to the notice; and

(b) if the land is being taken for a multi-parcel purpose—every other parcel of land required to be taken to carry out the multi-parcel purpose—

(i) has been taken under this Act; or

(ii) is the subject of a resumption agreement entered into by the constructing authority; or

(iii) is the subject of a notice of intention to resume for which the objection period has ended and no objections were received.

(8) The taking is effective on the day of publication of the notice.