Queensland Consolidated Acts

LOCAL GOVERNMENT ACT 2009 - SECT 70

70 Temporary roads

(1) This section applies if—

(a) a local government wants to remake or repair a road; and

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

(2) The local government 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 local government employee or contractor may enter the land only if—

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

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

(i) the nature of the roadworks 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 roadworks must be urgently conducted, but the local government 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 notice that claims compensation for physical damage caused by the local government 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 local government; or

(b) if the person and local government 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.