Queensland Consolidated Acts

CITY OF BRISBANE ACT 2010 - SECT 76

76 Temporary roads

(1) This section applies if—

(a) the council wants to remake or repair a road; and

(b) it is not reasonably practicable to temporarily close the road to traffic while the road works are conducted.

(2) The council may make a temporary road, through land that adjoins the road, to be used while the road is being remade or repaired.

(3) However, a council employee or contractor may enter the land only if—

(a) the owner or occupier of the land has agreed, in writing that the council employee or contractor may enter the land; or

(b) the council has given the owner or occupier of the land at least 3 days written notice that states—

(i) the nature of the road works that are to be conducted; and

(ii) the proposed route of the temporary road; and

(iii) an approximate period when the temporary road is expected to remain on the land.

(4) Subsection (3) does not apply if the road works must be urgently conducted, but the council must give the owner or occupier of the land oral notice of the matters mentioned in subsection (3) (b) .

(5) The owner of the land may give the chief executive officer a written notice that claims compensation for physical damage caused by the council entering, occupying or using the land under this section.

(6) Compensation is not payable unless the chief executive officer receives the claim—

(a) within 1 year after the occupation or use has ended; or

(b) at a later time allowed by the chief executive officer.

(7) The compensation equals—

(a) the amount agreed between the person and the council; or

(b) if the person and the council can not agree, the amount that is decided by a court.

(8) However, the compensation must not be more than the compensation that would have been awarded if the land had been acquired.