Queensland Consolidated Acts

CITY OF BRISBANE ACT 2010 - SECT 73

73 Acquiring land for use as a footpath

(1) The council may acquire land that adjoins a road for use as a footpath.

(2) The acquisition of land may be subject to a reservation, in favour of the owner of the land, of any of the following rights that the council decides (at or before the acquisition) is appropriate—

(a) a right to the ownership, possession, occupation and use of any existing structure, room or cellar—

(i) at a specified height above the level of the new footpath; or

(ii) at a specified depth below the level of the new footpath;

(b) a right—

(i) to erect a structure (in accordance with law) at a specified height above the new footpath; and

(ii) to the ownership, possession, occupation and use of the structure;

(c) a right of support for a structure mentioned in paragraph (a) or (b) .

(3) The right mentioned in subsection (2) (a) is subject to the council’s right to enter, and make structural alterations to, the structure, room or cellar that the council considers necessary.