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STATE DEVELOPMENT AND PUBLIC WORKS ORGANISATION ACT 1971 - SECT 160A
Powers for watercourse crossings
(1) The Coordinator-General, or a person authorised in writing by the
Coordinator-General, may— (a) survey and resurvey a watercourse crossing;
and
(b) construct, augment, improve, maintain, operate and replace a
watercourse crossing; and
(c) enter and occupy the relevant land for the
purpose of carrying out an activity mentioned in paragraph (a) or (b) .
(2)
The Coordinator-General may also name and number a watercourse crossing.
(3)
The Coordinator-General may authorise a person to carry out an activity or
exercise a power under subsection (1) even if the activity or exercise
benefits a person other than the State or a local body.
(3A) An authorisation
under subsection (1) may be subject to conditions imposed by the
Coordinator-General.
(3B) Despite subsection (1) (c) , the relevant land may
be entered and occupied only if— (a) the owner or occupier of the
relevant land has been given written notice of the proposed entry and
occupation, including the day the proposed entry and occupation will commence
(the
"proposed entry day" ); and
(b) the entry and occupation of the relevant land
does not commence until the proposed entry day or a later day agreed with the
owner or occupier of the land.
(3C) The proposed entry day stated in a notice
given under subsection (3B) (a) must be a day that is at least 7 days after
the day the notice is given.
(4) If the Coordinator-General gives a copy of
the prescribed details for an authorisation under subsection (1) (b) or (c) to
the registrar of titles, the registrar of titles must note the
prescribed details against the relevant land in the appropriate register.
(5)
In this section—
"prescribed details" , for an authorisation under subsection (1) (b) or (c)
means the following— (a) the name and other identifying details of the
watercourse crossing;
(b) the name of the person to whom the authorisation is
given;
(c) the term of the authorisation.
"relevant land" means the land adjoining the watercourse crossing.
"transport infrastructure" see the Transport Infrastructure Act 1994 ,
schedule 6 .
"watercourse" means land that is the property of the State under the
Land Act 1994 , section 9 or 13A (1) or (2) .
"watercourse crossing" — (a) means transport infrastructure that is, or is
proposed to be, situated over, under, on or in a watercourse; but
(b) does
not include river crossings under the City of Brisbane Act 2010 , section 77 .
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