Queensland Consolidated Acts

CITY OF BRISBANE ACT 2010 - SECT 67

67 Notice of intention to acquire land to widen a road

(1) If the council wants to acquire land in order to widen a road, the council must give the owner of the land a notice of intention to acquire land.

(2) A
"notice of intention to acquire land" informs the owner in general terms of this section and section 68 .

(3) However, the council can not, without the consent of the Planning and Environment Court, serve a notice of intention to acquire land on an owner of land after the owner has applied to the council—

(a) for approval to subdivide the land; or

(b) for approval, consent or permission—

(i) to erect or use a structure on the land; or

(ii) to use the land for any other purpose.

(4) The court may consent to the notice of intention to acquire land being served only if the court is satisfied that the purpose of the notice is to enable the council to make, in good faith, a reasonable widening of the road.

(5) After the council gives an owner a notice of intention to acquire land, the owner must not erect, place, re-erect, replace or repair any structure, or part of a structure, on the land without the council’s permission.

(6) The council must lodge a copy of a notice of intention to acquire land with the registrar of titles for registration on the instrument of title to the land.

(7) The registrar of titles may register the notice of intention to acquire land even if the instrument of title is not produced.