Queensland Consolidated Acts
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STATE DEVELOPMENT AND PUBLIC WORKS ORGANISATION ACT 1971 - SECT 153AH
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
(b) owned by the State or a local body.
(3) Subsection (4) applies
(a) a project is approved as a private infrastructure facility; and
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
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
restrictions under the Land Act 1994 , section 175 on subdividing
(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.
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