Queensland Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]


Requirements about taking land for private infrastructure facility

153AH Requirements about taking land for private infrastructure facility

(1) The Coordinator-General must not take land for a private infrastructure facility under section 125 (1) (f) unless satisfied—
(a) the proponent has complied with section 153AE for the land; and
(b) the project will proceed within reasonable time frames; and
(c) if native title exists in relation to the land, the proponent has taken reasonable steps to enter into an indigenous land use agreement for the land.
(2) The Coordinator-General is not required to take land under section 125 (1) (f) that is—
(a) in a State development area; or
(b) owned by the State or a local body.
(3) Subsection (4) applies if—
(a) a project is approved as a private infrastructure facility; and
(b) the proponent of the project has agreed with the registered owner of land on which the facility is proposed to be located to purchase the land; and
(c) the Coordinator-General is satisfied that it is appropriate for the Coordinator-General to take the land under section 125 (1) (f) because statutory restrictions affect the ability of the proponent to complete the project in a timely way.
Example of statutory restrictions for paragraph (c)—
restrictions under the Land Act 1994 , section 175 on subdividing particular leases
(4) The Coordinator-General may take the land under section 125 (1) (f) if the proponent and the registered owner agree, in writing, to the taking of the land by the Coordinator-General.

AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback