Queensland Numbered Acts

MAJOR SPORTS FACILITIES AND OTHER LEGISLATION AMENDMENT ACT 2016 - SECT 13

13 Insertion of new ss 13AA and 13AB

After section 13A—
insert—

13AA Power to deal with non-tidal watercourse land and non-tidal lake land

(1) This section applies to—

(a) land that is the property of the State under section 13A(1) (
"non-tidal watercourse land" ); and

(b) land that is the property of the State under section 13A(2) (
"non-tidal lake land" ).

(2) Non-tidal watercourse land and non-tidal lake land are not unallocated State land, but may be leased under this Act as if the land were unallocated State land.

(3) Subsection (2) applies subject to section 13AB.

13AB Leasing non-tidal watercourse land or non-tidal lake land

(1) Non-tidal watercourse land or non-tidal lake land may be leased under this Act only if—

(a) the lessee is the State; and

(b) each person who is an adjacent owner for the land consents to the lease; and

(c) the chief executive (water) consents to the lease; and

(d) each condition of the consent of the chief executive (water) imposed under subsection (3)—

(i) has been satisfied; or

(ii) is imposed as a condition of the lease.

(2) In deciding whether to consent to the lease, the chief executive (water) must consider whether, and to what extent, the lease will interfere with—

(a) the State’s control or use of any part of the non-tidal watercourse land or non-tidal lake land for a purpose under the Water Act 2000 ; or

(b) a right of the State or a person to take or use water under the Water Act 2000 .

(3) The consent of the chief executive (water) may be given on conditions.

(4) A lease of non-tidal watercourse land or non-tidal lake land may not be transferred.

(5) Despite section 13AA (2) , the granting of a lease over non-tidal watercourse land or non-tidal lake land is not subject to any public auction, tender or ballot requirements under chapter 4, part 1, division 1.