Queensland Consolidated Acts

STATE DEVELOPMENT AND PUBLIC WORKS ORGANISATION ACT 1971 - SECT 125

125 Power of Coordinator-General to take land

(1) In addition to the power to take or otherwise acquire land under section 82 , the Coordinator-General may take land for any of the following purposes—

(a) works that the Coordinator-General is authorised by the Governor in Council to undertake;

(b) works included in a program of works or a development scheme approved under this Act by the Governor in Council that the Coordinator-General is not authorised by the Governor in Council to undertake;

(c) works undertaken or to be undertaken by a local body or by a department of the Government;

(d) a purpose specified in the schedule to the Acquisition of Land Act 1967 and approved by the Governor in Council as a purpose for which the Coordinator-General may take land;

(e) a purpose of rural or urban development recommended by the Coordinator-General and approved by the Governor in Council;

(f) a private infrastructure facility.

(2) However, a taking of land for a purpose mentioned in subsection (1) (f) must be in compliance with section 153AH .

(3) Subsection (1) (f) applies even if the taking of land by the Coordinator-General is for conferring rights or interests in the land taken on a person other than the State or a local body.

(4) The process stated in the Acquisition of Land Act 1967 for the taking of land and the payment of compensation for the land taken applies to all land taken under subsection (1) as if the taking were a taking under that Act by a constructing authority.

(5) The power to take land under this section for a purpose (the
"primary purpose" ) includes power to take at any time land either for the primary purpose or for any purpose incidental to the carrying out of the primary purpose.

(6) As well as land granted in fee simple, the Coordinator-General may take land that is held from the Crown for an estate or interest less than fee simple for any of the purposes stated in subsection (1) .

(7) Land referred to in subsection (6) shall, if vested in the Coordinator-General, an instrumentality representing the Crown, a local body, or other person by the proclamation whereby it is taken, be vested in him, her or it for an estate in fee simple.

(8) The Governor in Council is hereby authorised to grant in fee simple and so vest the land subject to such reservations and conditions as are authorised or required by the Land Act 1994 .

(9) The process stated in the Acquisition of Land Act 1967 for the taking of land and the payment of compensation for the land taken applies to all land taken under subsection (6) as if the taking were a taking of land under that Act by a constructing authority.

(10) The Acquisition of Land Act 1967 shall be read with and subject to all such modifications and adaptations as are necessary to give operation and effect to subsections (4) to (9) including by reading a reference therein to the registrar of titles as a reference to the person or authority charged with registering instruments evidencing the title to the estate or interest in the land in question held from the Crown.

(11) To remove any doubt, it is declared that the taking of land under this section is not a taking of land under the Acquisition of Land Act 1967 , even though the process to be used for the taking of the land and for the payment of compensation for the land taken is the process stated in that Act.