Queensland Consolidated Acts

LOCAL GOVERNMENT ACT 2009 - SECT 67

67 Acquiring land for use as a footpath

(1) A local government may acquire land that adjoins a road for use as a footpath.

(2) The acquisition of land may be subject to a reservation, in favour of the owner of the land, of any of the following rights that the local government decides (at or before the acquisition) is appropriate—

(a) a right to the ownership, possession, occupation and use of any existing structure, room or cellar—

(i) at a specified height above the level of the new footpath; or

(ii) at a specified depth below the level of the new footpath;

(b) a right—

(i) to erect a structure (in accordance with law) at a specified height above the new footpath; and

(ii) to the ownership, possession, occupation and use of the structure;

(c) a right of support for a structure mentioned in paragraph (a) or (b) .

(3) The right mentioned in subsection (2) (a) is subject to the local government’s right to enter, and make structural alterations to, the structure, room or cellar that the local government considers necessary.