Queensland Consolidated Acts

ACQUISITION OF LAND ACT 1967 - SECT 11

11 Amending of gazette resumption notice

(1) Section 24AA of the Acts Interpretation Act 1954 applies to the amendment of a gazette resumption notice.

Notes—

1 Acts Interpretation Act 1954 , section 24AA (Power to make instrument or decision includes power to amend or repeal)

2 See section 17 for the power to revoke a gazette resumption notice.

(2) However, to the extent the power to amend the gazette resumption notice is exercised to correctly describe the land taken by the notice or to correct another error, the power is not subject to sections 7 to 9 or division 3 .

(3) Also, a gazetting authority may, by gazette notice, amend a gazette resumption notice made by the Governor in Council to change the description or area of land taken under the gazette resumption notice, but only if—

(a) the description or area was described in the gazette resumption notice other than in a plan of survey registered in the land registry; and

(b) the description or area is described in the amending gazette notice in a plan of survey that—

(i) complies with the Survey and Mapping Infrastructure Act 2003 ; and

(ii) is certified as accurate by a cadastral surveyor within the meaning of the Surveyors Act 2003 ; and

(c) the change is made solely to accurately state the description or area of land taken.

(4) However—

(a) no person shall be prejudiced in respect of any mortgage, charge, claim, estate, or interest existing in respect of the land, by reason of the person having, in consequence of the gazette resumption notice or amendment of the gazette notice, done or omitted to do any act or thing, or failed to enforce or act upon any right, or to comply with any obligation in respect of such mortgage, charge, claim, estate or interest; and

(b) no person shall have any right of action or claim against the constructing authority for anything bona fide done under the gazette resumption notice or an amended gazette notice; and

(c) nothing in this section contained shall limit the power of the constructing authority to take at any subsequent time the whole or any part of the land mentioned or described in any gazette resumption notice so amended; and

(d) any amendment of the gazette resumption notice shall not prejudice or affect the power of the constructing authority to take any land which has been excluded from the gazette resumption notice by reason of the amendment; and

(e) if the constructing authority again takes land which has been excluded from the gazette resumption notice by reason of the amendment, compensation shall not be payable in respect of the value of any works or improvements which have been made or effected on the land by the constructing authority subsequent to the date of publication in the gazette of the gazette resumption notice.