Queensland Numbered Acts

PLANNING ACT 2016 - SECT 262

262 Taking or purchasing land for planning purposes

(1) This section applies if—

(a) a local government considers that taking or purchasing land would help to achieve the outcomes stated in a local planning instrument; or

(b) after a development approval starts to have effect, the local government is satisfied—

(i) the development would create a need to construct infrastructure on land or to carry drainage over land; and

(ii) a person with the benefit of the approval has taken reasonable steps to get the agreement of the owner of the land to actions that would facilitate the construction or carriage, but has not been able to get the agreement; and

(iii) the action is necessary for the development.

(2) For subsection (1)(b), it does not matter that the person with the benefit of the approval may derive a measurable benefit from the action.

(3) If the Governor in Council, by order in council, approves the taking or purchasing, the local government is taken to be a constructing authority under the Acquisition Act and may take or purchase the land under that Act, including by taking an easement.

Note—

For the ways of taking land, see the Acquisition Act, part 2. For compensation for land taken under that Act, see part 4 of that Act.

(4) An order in council made under subsection (3) is subordinate legislation.