Queensland Numbered Acts

CROSS RIVER RAIL DELIVERY AUTHORITY ACT 2016 - SECT 20

20 Power to take land

(1) The authority may, as provided under this section, take land if the land is required for a cross river rail purpose in relation to—

(a) the cross river rail project; or

(b) a transport-related project prescribed by regulation for this section.

(2) The authority’s power to take land under subsection (1) includes—

(a) power to take land or an easement, or another interest in land above or beneath the surface, without acquiring rights in the surface; and

(b) power to take a lease of State land or another interest in State land that is less than freehold.

(3) Subsection (2) applies to the taking of an easement even though the easement—

(a) is not attached to, or used and enjoyed with, a dominant tenement; or

(b) must not be used and enjoyed in common with any other person.

(4) For the taking of land under this section—

(a) the authority is a constructing authority under the Acquisition of Land Act 1967 ; and

(b) the Acquisition of Land Act 1967 applies as if a reference in that Act to land includes a reference to a lease of State land or another interest in State land that is less than freehold.

(5) Land taken by the authority under this section—

(a) may be described in the instrument taking the land in any way sufficient to identify the land; and

(b) vests in the authority.

(6) To remove any doubt, it is declared that land may be taken under this section for a cross river rail purpose even if, at the time the land is taken, it is not known when the land will be required for the purpose.

(7) The authority’s power to take land under this section does not limit the authority’s powers to take land, as a constructing authority, under the Acquisition of Land Act 1967.

(8) In this section—
easement includes a transport easement for support as defined under the Transport Planning and Coordination Act 1994 , section 28AC(1).