Queensland Consolidated Acts
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ACQUISITION OF LAND ACT 1967 - SECT 12
Effect of gazette resumption notice
12 Effect of gazette resumption notice
(1) Subject to subsection (4) , land taken by a gazette resumption notice—
(a) shall vest, according as the notice prescribes, in the Crown or in the
constructing authority which requires the land on and from the date of the
publication in the gazette of the notice; or
(b) if it is taken by the Crown
on behalf of a corporation representing the Crown in right of the State or
constituted by any Act shall vest in the corporation requiring the land if the
notice so prescribes and in such case, where the corporation is not a
constructing authority, the provisions of section 41 shall apply as if the
corporation were a constructing authority.
(2A) Where land taken vests in a
constructing authority or, if the gazette resumption notice so prescribes, in
a corporation it shall so vest and be held by the constructing authority or
corporation for the estate or interest therein of which the land taken
consists and, where the estate or interest is such that provision is made by
the Land Title Act 1994 for its registration, upon application by the
constructing authority or corporation and production of a gazette copy of the
gazette resumption notice and payment of the prescribed fees, the registrar of
titles shall register the constructing authority or corporation accordingly.
(3) Where the land taken is part of land subject to a building units plan
registered under the Building Units and Group Titles Act 1980 the registrar of
titles shall, upon payment of the prescribed fees, do and execute all such
acts, matters and things as the registrar of titles considers necessary to
amend the building units plan, and may make all such recordings as the
registrar of titles considers necessary in the appropriate register.
land taken is scheme land for a community titles scheme under the
Body Corporate and Community Management Act 1997 , the registrar of titles
must, on payment of the prescribed fee, take the necessary action—
register a plan of survey identifying the remaining scheme land; and
record the taking of the land in the freehold land register; and
record a new community management statement for the scheme.
(4) Land granted
by the Crown upon trust for a public purpose, or land comprised in a lease
held under the Land Act 1994 , shall upon and by virtue of the taking thereof
become unallocated State land.
(4A) Land mentioned in subsection (4) may,
having regard to the purpose for which it was taken—
(a) be dedicated, under
the Land Act 1994 , as a reserve under the trusteeship of the constructing
(b) be dedicated, under the Land Act 1994 or this Act, as a
(c) be granted or leased, under the Land Act 1994 , to the
constructing authority; or
(d) be dealt with under another Act.
constructing authority that takes the land mentioned in subsection (4) may
also deal with the land for the purpose for which it is taken on and from the
day it is taken, even though the land is yet to be dedicated, granted, leased
or otherwise dealt with under subsection (4A) .
(5) On and from the date of
the publication of the gazette resumption notice the land thereby taken shall
be vested or become unallocated State land as provided by the foregoing
provisions of this section absolutely freed and discharged from all trusts,
obligations, mortgages, charges, rates, contracts, claims, estates, or
interest of what kind soever, or if an easement only is taken, such easement
shall be vested in the constructing authority or, where the gazette resumption
notice prescribes, in the corporation requiring the easement, and the estate
and interest of every person entitled to the whole or any part of the land
shall thereby be converted into a right to claim compensation under this Act
and every person whose estate and interest in the land is injuriously affected
by the easement shall have a right to claim compensation under this Act.
(a) the Geothermal Energy Act 2010 , sections 350A
and 350B in relation to geothermal interests under that Act; and
Greenhouse Gas Storage Act 2009 , sections 369A and 369B in relation to GHG
interests under that Act; and
(c) the Mineral Resources Act 1989 ,
sections 10AAA and 10AAB in relation to mining tenement interests under that
(d) the Petroleum Act 1923 , sections 124A and 124B in relation to
1923 Act petroleum interests under that Act; and
Petroleum and Gas (Production and Safety) Act 2004 , sections 30AA and 30AB
in relation to petroleum interests under that Act.
(5A) The amount of such
compensation may be agreed upon between the constructing authority and the
claimant subject, however, to the consent of any mortgagee of the land taken.
(5B) Failing such agreement every such claim may be enforced against the
constructing authority concerned under, subject to and in accordance with this
Act and that constructing authority shall be liable accordingly.
subsection (5) , a person does not obtain a right to claim compensation under
this Act in relation to an interest in land that is an interest under a
services contract for the land.
(6) Subject to section 11 , publication of a
gazette resumption notice is evidence that the following provisions have been
(a) for land taken under division 3 in accordance with a
resumption agreement—that division;
(b) otherwise— sections 7 , 8 and 9
(7) Forthwith after the publication of the gazette resumption notice taking
any land or of a gazette notice amending the same, the constructing authority
shall serve upon every person who to its knowledge is entitled pursuant to
section 18 to claim compensation or is a mortgagee of the land a copy of the
(8) The omission to serve upon any person such a copy shall not
prejudice or affect in any way the operation and effect of the notice in
(9) In this section—
"services contract" , for land, means a contract merely for the provision of
services on, to, or in relation to, the land, but does not include a contract
for the provision of services under which a person has a right to reside on
any part of the land.
Example of a services contract—
a contract for the
provision of a cleaning or maintenance service on premises
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