Queensland Consolidated Acts

PLANNING ACT 2016 - SECT 263G

263G Power to dispose of land that is not required

(1) Subsection (2) applies if the previous owner of land taken under section 263A gives a public sector entity a notice under section 263F (3) (a) stating that the previous owner is interested in buying the land.

(2) The public sector entity must, by notice, offer the land, subject to any easement over the land, for sale to the previous owner at a price decided by the public sector entity.

(3) Subsection (4) applies if the previous owner of land taken under section 263A —

(a) does not give a notice under section 263F (3) (a) for the land; or

(b) gives a notice under section 263F (3) (a) stating that the previous owner is not interested in buying the land; or

(c) does not accept an offer for the sale of the land made by the public sector entity.

(4) The public sector entity may dispose of the land subject to any easement over the land.

(5) In deciding the price for which the land may be sold under subsection (2) or (4) , the public sector entity must consider—

(a) a valuation by a valuer registered under the Valuers Registration Act 1992 ; and

(b) the policies and systems for the management of the entity’s assets; and

(c) the existence of any easement over the land.

(6) A person contracting or otherwise dealing with a public sector entity in relation to land does not have to ask whether section 263F or this section has been complied with.

(7) The title of any person to land acquired from the public sector entity is not affected by a failure to comply with section 263F or this section.

(8) This section applies despite the Acquisition Act , section 41 .