Queensland: Acquisition of Land Act 1967 (Qld)

Acquisition of Land Act 1967 An Act to consolidate and amend the law relating to the acquisition of land for public works and other public purposes, and for other purposes Part 1 Preliminary 1 Short title This Act may be cited as the Acquisition of Land Act 1967. 2 Definitions The dictionary in schedule 2 defines particular words used in this Act. 3 Meaning of multi-parcel purpose (1) Land is taken under this Act for a multi-parcel purpose if, to carry out the particular purpose for which the land is taken, it is necessary to take, under this Act, more than 1 parcel of land. Examples of multi-parcel purposes— roads and railways for which it is necessary to take, under this Act, more than 1 parcel of land (2) For subsection (1), it does not matter whether— (a) the parcels of land are owned by the same person or different persons; or (b) the same person or different persons are entitled to claim compensation under this Act for the taking of the parcels of land. (3) In this section— parcel, of land, means— (a) a separate lot or parcel in a plan of survey registered, or deposited for registration, in the land registry or given to the chief executive (surveys); or (b) an easement; or (c) other land that is described in a way that is sufficient to substantially identify the land. 4 Relationship with other Acts (1) This section applies if another Act provides for land to be taken under this Act, even though this Act would not otherwise apply to the land. Example— The Native Title (Queensland) Act 1993 provides for native title rights and interests relating to land, for example, unallocated State land under the Land Act 1994, to be acquired under this Act even though this Act would not otherwise apply to unallocated State land. (2) Despite the other Act, sections 9(7) and 15D do not apply to the taking of land if the land includes Aboriginal or Torres Strait interests. (3) For subsection (2), land includes Aboriginal or Torres Strait Islander interests if— (a) native title rights and interests exist for the land; or (b) the land is Aboriginal land or transferable land under the Aboriginal Land Act 1991; or (c) the land is Torres Strait Islander land or transferable land under the Torres Strait Islander Land Act 1991. 4A Taking non-native title right or interest (1) This section applies to the taking of a non-native title right or interest if— (a) the taking happens under a compulsory acquisition Act; and (b) the taking under the compulsory acquisition Act— (i) is authorised under the Native Title (Queensland) Act 1993, section 144(1)(b); or (ii) is authorised under the compulsory acquisition Act but happens at the same time as the taking under that Act of native title rights and interests as authorised under the Native Title (Queensland) Act 1993, section 144(1)(a). (2) The compulsory acquisition Act, including to the extent appropriate this Act, must be applied to the taking of the non-native title right or interest to the greatest practicable extent as if the right or interest were land to which the compulsory acquisition Act otherwise applies. (3) However, when the taking has effect, despite any compulsory acquisition Act, including any other provision of this Act, the right or interest is completely extinguished to the extent it relates to land stated in the gazette resumption notice for the taking. (4) Without limiting subsection (1), taking that happens under a compulsory acquisition Act includes taking under a compulsory acquisition Act other than this Act if either of the following applies— (a) the compulsory acquisition Act authorises a constructing authority to take land under this Act; (b) the compulsory acquisition Act authorises a constructing authority to take land under that Act but requires provisions of this Act to be applied to any aspect of the taking. (5) In this section— gazette resumption notice, for the taking of a right or interest, includes any instrument giving effect to the taking. 4B Taking non-native title right or interest that is a resource interest (1) This section applies to the taking of a non-native title right or interest if— (a) it is a taking to which section 4A applies; and (b) the right or interest is a resource interest. (2) The entity taking the resource interest must give the relevant chief executive for the resource interest a written notice that— (a) states the details of the extinguishment of the resource interest; and (b) asks for the extinguishment to be recorded in the appropriate register kept by the chief executive; and (c) is accompanied by a certified copy of the gazette resumption notice mentioned in section 4A(3). (3) Compensation to be paid under the compulsory acquisition Act in relation to the taking of the resource interest is limited in the way provided for in the resource compensation provision for the resource interest. Example— If the resource interest is a mining tenement interest under the Mineral Resources Act 1989, on an application of section 10AAD of that Act, allowance can not be made for the value of minerals known or supposed to be on or below the surface of, or mined from, the land the subject of the mining tenement interest. (4) In this section— relevant chief executive, for a resource interest, means the chief executive of the department administering the resource interest compensation provision for the resource interest. Part 2 Taking of land Division 1 General 5 Purposes for which land may be taken (1) Land may be taken under and subject to this Act— (a) where the constructing authority is the Crown, for any purpose set out in schedule 1; or (b) where the constructing authority is a local government— (i) for any purpose set out in schedule 1 which the local government may lawfully carry out; or (ii) for any purpose, including any function of local government, which the local government is authorised or required by a provision of an Act other than this Act to carry out; or (c) in the case of a constructing authority other than the Crown or a local government— (i) for any purpose set out in schedule 1 which that constructing authority may lawfully carry out; or (ii) for any purpose which that constructing authority is authorised or required, by a provision of an Act other than this Act, to carry out. (2) The power to take, under and subject to this Act, land for a purpose (the primary purpose) includes power to take from time to time as required land either for the primary purpose or for any purpose incidental to the carrying out of the primary purpose. (3) A part heading in schedule 1— (a) is not, for this section, a purpose set out in schedule 1; and (b) indicates only the type of activity or other thing to which a purpose mentioned in the part ordinarily relates; and (c) does not limit the matters to which a purpose mentioned in the part may relate. 6 Easements (1) When for any purpose it is not necessary that the constructing authority should take the whole estate in any land, but it is sufficient for such purpose to take an easement, the constructing authority may take such easement only and for that purpose the provisions of this Act shall apply as if the easement were land. (2) Upon application in that behalf, payment of the prescribed fees, and the production to the land registry of the gazette copy of the gazette resumption notice, whereby an easement is taken affecting land under the Land Title Act 1994, the registrar of titles shall register such easement as prescribed by that Act, notwithstanding that such easement is not being annexed to or used and enjoyed together with any other land. (3) The taking of an easement over land does not extinguish any interest in the land existing immediately before the easement is taken. Division 2 Taking other than by agreement 7 Notice of intention to take land (1) A constructing authority which proposes to take any land shall serve as prescribed by this section the notice (a notice of intention to resume) prescribed by this section. (2) A notice of intention to resume shall be served upon any and every person who to the knowledge of the constructing authority— (a) will be entitled to claim compensation under this Act in respect of the taking of the land concerned; or (b) is a mortgagee of the land. (2A) Despite subsection (2), if the land the subject of a notice of intention to resume is common property within the meaning of, and shown on a building units plan under, the Building Units and Group Titles Act 1980, the constructing authority need only serve the notice on— (a) the body corporate constituted under that Act by the proprietors of the lots in the building units plan; and (b) each entity, other than the body corporate or a proprietor of a lot in the building units plan on which the common property is shown, who to the knowledge of the constructing authority has an interest in the common property. (2B) Also despite subsection (2), if the land the subject of a notice of intention to resume is common property for a community titles scheme under the Body Corporate and Community Management Act 1997, the constructing authority need only serve the notice on— (a) the body corporate under that Act for the community titles scheme; and (b) each entity, other than the body corporate or an owner of a lot in the community titles scheme for the common property, who to the knowledge of the constructing authority has an interest in the common property. (2C) Subsection (2D) applies if the constructing authority gives a body corporate mentioned in subsection (2A) or (2B) a notice of intention to resume or a notice amending a notice of intention to resume (each a relevant notice). (2D) The body corporate must ensure a copy of the relevant notice accompanies the first notice of a general meeting of the body corporate given to each of its members after receiving the relevant notice. (3) A notice of intention to resume shall be in writing and shall— (a) state the particular purpose for which the land to be taken is required; and (b) state the description of the land to be taken which description— (i) if the land is described as a separate lot or parcel in a plan of survey registered in the land registry or deposited in the office of the chief executive (surveys)—shall be that description; or (ii) if the land is not described as mentioned in subparagraph (i)—may be made in any manner sufficient to substantially identify the land; and (c) in the case of an easement—also state the rights and obligations to be conferred and imposed by the easement; and (d) state that the person to whom the notice is directed may, on or before the date specified in the notice (being a date not less than 30 days after the date of the notice), serve upon the constructing authority at the address set out in the notice an objection in writing to the taking of the land; and (e) in relation to the objection mentioned in paragraph (d)—set out— (i) that the objection must state the grounds of the objection and the facts and circumstances relied on by the objector in support of those grounds; and (ii) that any matter pertaining to the amount or payment of compensation is not a ground of objection; and (iii) that an objector who states in the objection that the objector desires to be heard in support of the grounds of the objection may appear and be heard by the constructing authority or its delegate at the time and place specified in the notice; and (ea) if the land the subject of the notice is common property within the meaning of, and shown on a building units plan under, the Building Units and Group Titles Act 1980— (i) state the proprietor of a lot in the building units plan may be entitled to compensation for damage suffered by the proprietor as a result of the taking of the common property and the effect of the taking on the proprietor's lot; and (ii) state the requirement imposed on the body corporate for the common property under subsection (2D); and (eb) if the land the subject of the notice is common property for a community titles scheme under the Body Corporate and Community Management Act 1997— (i) state the owner of a lot in the scheme may be entitled to compensation for damage suffered by the owner as a result of the taking of the common property and the effect of the taking on the owner's lot; and (ii) state the requirement imposed on the body corporate for the common property under subsection (2D); and (f) state that the constructing authority is willing to negotiate to acquire by agreement or, failing agreement, to treat as to the compensation to be paid and all consequential matters; and (g) include details of— (i) the period within which a claim for compensation under this Act must be served on the constructing authority; and (ii) the claimant's right to apply to the Land Court to serve a claim after the end of the period mentioned in subparagraph (i); and Note— For the matters mentioned in paragraph (g), see section 19(3) to (6). (h) include information about how, under section 20(2A), a contract, licence, agreement or other arrangement entered into in relation to the land after the notice of intention to resume is served may be dealt with in assessing compensation to be paid under this Act. Note— See also— (a) the Geothermal Energy Act 2010, section 350A(8) for additional requirements if geothermal interests under that Act are to be wholly or partially extinguished; and (b) the Greenhouse Gas Storage Act 2009, section 369A(8) for additional requirements if GHG interests under that Act are to be wholly or partially extinguished; and (c) the Mineral Resources Act 1989, section 10AAA(8) for additional requirements if mining tenement interests under that Act are to be wholly or partially extinguished; and (d) the Petroleum Act 1923, section 124A(8) for additional requirements if 1923 Act petroleum interests under that Act are to be wholly or partially extinguished; and (e) the Petroleum and Gas (Production and Safety) Act 2004, section 30AA(8) for additional requirements if petroleum interests under that Act are to be partially or wholly extinguished. (4) Where a notice of intention to resume relates to land under the Land Title Act 1994, the constructing authority shall file a copy of the notice with the land registry. (4AA) The constructing authority may, by written notice given to each entity to whom the notice of intention to resume is served under subsection (2), (2A) or (2B), amend the notice of intention to resume. (4AB) If the constructing authority amends the notice of intention to resume, the period within which an entity may serve on the constructing authority an objection to the taking of the land starts again from the day the notice of the amendment is given to the entity. Note— For the period within which an entity may serve an objection, see subsection (3)(d). (4A) If the constructing authority amends the notice of intention to resume or discontinues the resumption it shall forthwith file with the land registry a notice of the amendment or discontinuance. (4B) For the purpose of subsection (4A), notwithstanding that a constructing authority has not served notice under section 16, it shall be deemed to discontinue a resumption if an application under section 9(1) has not been made within the time stated in section 9(2). (5) The failure by the constructing authority to serve upon the owner a notice of intention to resume, where such failure is due to circumstances beyond the control of the constructing authority, or the failure of the constructing authority to serve upon any person other than the owner a notice of intention to resume, or the failure of the constructing authority to observe subsection (4), shall not prejudice any gazette resumption notice made under this Act, with respect to any land, and any land included in the notice shall be taken in terms of the notice notwithstanding any such failure, and the failure by the constructing authority to serve upon any person entitled thereto any notice as prescribed by this Act shall not invalidate the continuance or discontinuance of any resumption. (6) In subsection (5)— owner means, in the case of land under the Land Title Act 1994, the person registered as the proprietor in fee simple at the date of the notice of intention to resume. 8 Dealing with objections (1) A person entitled to be served with a notice of intention to resume land who has objected as prescribed to the taking (the objector) shall not be entitled to be heard in support of the grounds of the objection unless the person stated in the objection that the person desired to be so heard and appears, in person or by counsel, solicitor or agent, at the time and place specified in the notice. (2) The constructing authority shall consider the grounds of objection to the taking of any land and— (a) if the objector has been heard by the constructing authority—the matters put forward by the objector in support of such grounds; or (b) if the objector has been heard by the delegate of the constructing authority—the report thereon of such delegate. (2A) If upon such consideration, the constructing authority is of opinion that the resumption should be discontinued or that the notice of intention to resume should be amended, the constructing authority may discontinue the resumption or amend the notice of intention to resume. (2B) However, a notice of intention to resume shall not be amended so as to include therein land additional to the land the subject thereof. (3) If the constructing authority amends the notice of intention to resume, the objector can not again object to the taking of the land as provided for under the amended notice if the owner of the land (whether or not the owner is the objector) agrees to the amendment. 9 Ways in which land is to be taken (1) If within the time stated in the notice of intention to resume no objection is made or if, after due consideration of all objections, the constructing authority is of opinion that the land in question is required for the purpose for which it is proposed to be taken, the constructing authority may apply to the relevant Minister that the land be taken as prescribed by this section. (2) Such application shall be made within 12 months after the date of the notice of intention to resume and not thereafter. (3) Such application shall contain or be accompanied by each of the following— (a) a copy of the relevant notice of intention to resume and of any further notice amending the same served under section 7; (b) where the land is not described in the notice of intention to resume as mentioned in section 7(3)(b)(i)—a copy of a plan of survey of the land certified as accurate by a cadastral surveyor or a plan sufficient to substantially identify the land; (c) a list of the names and addresses last known to the constructing authority of all persons who to the knowledge of the constructing authority are entitled pursuant to section 18 to claim compensation; (d) a statement as to those of the persons mentioned in paragraph (c) who have not been served with the notice of intention to resume and, a further statement setting out in relation to every such person, the manner in which such service was attempted and the reasons for failure to effect it; (e) a statement whether or not any person objected in terms of the notice of intention to resume and, in the case of such an objection or objections, the name or names of the objector or objectors, a copy of every objection, and a report by the constructing authority thereon. (4) The relevant Minister may require any constructing authority to furnish, within a time specified by the relevant Minister, such further particulars and information as the relevant Minister deems fit with respect to an application under this section. (5) The relevant Minister must consider every application made under this section, including all statements and documents, or copies of documents, accompanying the application to ensure that— (a) the land to be taken may be taken and should be taken for the purpose for which it is proposed to be taken; and (b) the constructing authority has taken reasonable steps to comply with sections 7 and 8; and (c) if the notice of intention to resume has not been served on the owner as defined in section 7(6), that the failure to do so was due to circumstances beyond the control of the constructing authority. (6) The Governor in Council may, by gazette notice, declare that the land particularised in the notice is taken for the purpose mentioned in the notice. (7) Without limiting subsection (6), the relevant Minister may, by gazette notice, declare that the land particularised in the notice is taken for the purpose mentioned in the notice if— (a) the objection period for the notice of intention to resume the land has ended and no objections were received in response to the notice; and (b) if the land is being taken for a multi-parcel purpose—every other parcel of land required to be taken to carry out the multi-parcel purpose— (i) has been taken under this Act; or (ii) is the subject of a resumption agreement entered into by the constructing authority; or (iii) is the subject of a notice of intention to resume for which the objection period has ended and no objections were received. (8) The taking is effective on the day of publication of the notice. 10 [Repealed] 11 Amending of gazette resumption notice (1) Section 24AA of the Acts Interpretation Act 1954 applies to the amendment of a gazette resumption notice. Notes— 1 Acts Interpretation Act 1954, section 24AA (Power to make instrument or decision includes power to amend or repeal) 2 See section 17 for the power to revoke a gazette resumption notice. (2) However, to the extent the power to amend the gazette resumption notice is exercised to correctly describe the land taken by the notice or to correct another error, the power is not subject to sections 7 to 9 or division 3. (3) Also, a gazetting authority may, by gazette notice, amend a gazette resumption notice made by the Governor in Council to change the description or area of land taken under the gazette resumption notice, but only if— (a) the description or area was described in the gazette resumption notice other than in a plan of survey registered in the land registry; and (b) the description or area is described in the amending gazette notice in a plan of survey that— (i) complies with the Survey and Mapping Infrastructure Act 2003; and (ii) is certified as accurate by a cadastral surveyor within the meaning of the Surveyors Act 2003; and (c) the change is made solely to accurately state the description or area of land taken. (4) However— (a) no person shall be prejudiced in respect of any mortgage, charge, claim, estate, or interest existing in respect of the land, by reason of the person having, in consequence of the gazette resumption notice or amendment of the gazette notice, done or omitted to do any act or thing, or failed to enforce or act upon any right, or to comply with any obligation in respect of such mortgage, charge, claim, estate or interest; and (b) no person shall have any right of action or claim against the constructing authority for anything bona fide done under the gazette resumption notice or an amended gazette notice; and (c) nothing in this section contained shall limit the power of the constructing authority to take at any subsequent time the whole or any part of the land mentioned or described in any gazette resumption notice so amended; and (d) any amendment of the gazette resumption notice shall not prejudice or affect the power of the constructing authority to take any land which has been excluded from the gazette resumption notice by reason of the amendment; and (e) if the constructing authority again takes land which has been excluded from the gazette resumption notice by reason of the amendment, compensation shall not be payable in respect of the value of any works or improvements which have been made or effected on the land by the constructing authority subsequent to the date of publication in the gazette of the gazette resumption notice. 12 Effect of gazette resumption notice (1) Subject to subsection (4), land taken by a gazette resumption notice— (a) shall vest, according as the notice prescribes, in the Crown or in the constructing authority which requires the land on and from the date of the publication in the gazette of the notice; or (b) if it is taken by the Crown on behalf of a corporation representing the Crown in right of the State or constituted by any Act shall vest in the corporation requiring the land if the notice so prescribes and in such case, where the corporation is not a constructing authority, the provisions of section 41 shall apply as if the corporation were a constructing authority. (2A) Where land taken vests in a constructing authority or, if the gazette resumption notice so prescribes, in a corporation it shall so vest and be held by the constructing authority or corporation for the estate or interest therein of which the land taken consists and, where the estate or interest is such that provision is made by the Land Title Act 1994 for its registration, upon application by the constructing authority or corporation and production of a gazette copy of the gazette resumption notice and payment of the prescribed fees, the registrar of titles shall register the constructing authority or corporation accordingly. (3) Where the land taken is part of land subject to a building units plan registered under the Building Units and Group Titles Act 1980 the registrar of titles shall, upon payment of the prescribed fees, do and execute all such acts, matters and things as the registrar of titles considers necessary to amend the building units plan, and may make all such recordings as the registrar of titles considers necessary in the appropriate register. (3A) If land taken is scheme land for a community titles scheme under the Body Corporate and Community Management Act 1997, the registrar of titles must, on payment of the prescribed fee, take the necessary action— (a) to register a plan of survey identifying the remaining scheme land; and (b) to record the taking of the land in the freehold land register; and (c) to record a new community management statement for the scheme. (4) Land granted by the Crown upon trust for a public purpose, or land comprised in a lease held under the Land Act 1994, shall upon and by virtue of the taking thereof become unallocated State land. (4A) Land mentioned in subsection (4) may, having regard to the purpose for which it was taken— (a) be dedicated, under the Land Act 1994, as a reserve under the trusteeship of the constructing authority; or (b) be dedicated, under the Land Act 1994 or this Act, as a road; or (c) be granted or leased, under the Land Act 1994, to the constructing authority; or (d) be dealt with under another Act. (4B) The constructing authority that takes the land mentioned in subsection (4) may also deal with the land for the purpose for which it is taken on and from the day it is taken, even though the land is yet to be dedicated, granted, leased or otherwise dealt with under subsection (4A). (5) On and from the date of the publication of the gazette resumption notice the land thereby taken shall be vested or become unallocated State land as provided by the foregoing provisions of this section absolutely freed and discharged from all trusts, obligations, mortgages, charges, rates, contracts, claims, estates, or interest of what kind soever, or if an easement only is taken, such easement shall be vested in the constructing authority or, where the gazette resumption notice prescribes, in the corporation requiring the easement, and the estate and interest of every person entitled to the whole or any part of the land shall thereby be converted into a right to claim compensation under this Act and every person whose estate and interest in the land is injuriously affected by the easement shall have a right to claim compensation under this Act. Note— See, however— (a) the Geothermal Energy Act 2010, sections 350A and 350B in relation to geothermal interests under that Act; and (b) the Greenhouse Gas Storage Act 2009, sections 369A and 369B in relation to GHG interests under that Act; and (c) the Mineral Resources Act 1989, sections 10AAA and 10AAB in relation to mining tenement interests under that Act; and (d) the Petroleum Act 1923, sections 124A and 124B in relation to 1923 Act petroleum interests under that Act; and (e) the Petroleum and Gas (Production and Safety) Act 2004, sections 30AA and 30AB in relation to petroleum interests under that Act. (5A) The amount of such compensation may be agreed upon between the constructing authority and the claimant subject, however, to the consent of any mortgagee of the land taken. (5B) Failing such agreement every such claim may be enforced against the constructing authority concerned under, subject to and in accordance with this Act and that constructing authority shall be liable accordingly. (5C) Despite subsection (5), a person does not obtain a right to claim compensation under this Act in relation to an interest in land that is an interest under a services contract for the land. (6) Subject to section 11, publication of a gazette resumption notice is evidence that the following provisions have been complied with— (a) for land taken under division 3 in accordance with a resumption agreement—that division; (b) otherwise—sections 7, 8 and 9. (7) Forthwith after the publication of the gazette resumption notice taking any land or of a gazette notice amending the same, the constructing authority shall serve upon every person who to its knowledge is entitled pursuant to section 18 to claim compensation or is a mortgagee of the land a copy of the notice. (8) The omission to serve upon any person such a copy shall not prejudice or affect in any way the operation and effect of the notice in question. (9) In this section— services contract, for land, means a contract merely for the provision of services on, to, or in relation to, the land, but does not include a contract for the provision of services under which a person has a right to reside on any part of the land. Example of a services contract— a contract for the provision of a cleaning or maintenance service on premises 12A Constructing authority must lodge new plan of survey for particular land (1) This section applies if— (a) land taken under this Act is part of— (i) land subject to a building units plan registered under the Building Units and Group Titles Act 1980; or (ii) scheme land for a community titles scheme under the Body Corporate and Community Management Act 1997; and (b) the taking of the land affects the integrity of a boundary of a lot or common property shown on a plan registered under the Building Units and Group Titles Act 1980, Land Title Act 1994 or another Act for the land. (2) The constructing authority for the acquisition must lodge with the registrar of titles a plan of survey showing a new boundary for the lot or common property. 12B Particular land may be dedicated as road (1) This section applies if land is taken under this Act for the purpose of roads. (2) The land may be dedicated as a road by recording a dedication notice for the land in the appropriate register under the Land Act 1994 or the Land Title Act 1994. (3) If the registrar of titles receives a dedication notice for the land, the registrar must register the notice. (4) The registration of the dedication notice, without anything further, opens the road for the Land Act 1994. (5) In this section— dedication notice, for land, see the Land Act 1994, schedule 6. 13 Provision for taking particular additional land (1) If— (a) a constructing authority proposes to take, or has taken, part of any land; and (b) the taking of the part (the primary part) will leave, or has left, a parcel of land (the additional land) that the constructing authority and the owner of the land required to be taken or that was taken agree in writing is of no practical use or value to the owner; the constructing authority also must take the additional land. (1A) The taking of the additional land mentioned in subsection (1) is taken to be for a purpose incidental to the carrying out of the purpose for which the primary part is to be, or was, taken. (2) If, by reason of the fact that a boundary of land proposed to be taken (the primary land) will sever the principal building erected on the land from which the primary land will be severed and of the circumstances of the case relevant thereto, it appears to the Governor in Council that it is desirable that the constructing authority should take additional land approved by the Governor in Council (also the additional land) being the whole or part of the land from which the primary land will be severed the additional land may be taken as prescribed by this Act and the taking of the additional land shall be deemed to be for a purpose incidental to the carrying out of the purpose for which the primary land is taken. (2A) The constructing authority may take the additional land mentioned in subsection (2) when the constructing authority takes the primary land or after the primary land has been taken. (3) A constructing authority may sell or otherwise deal with additional land taken by it under this section in such manner as it thinks fit and the power hereby conferred shall not be subject to the provisions of any other Act which purport to restrict or regulate the exercise by the constructing authority of its power to sell or otherwise deal with land or to the provisions of section 41. 14 Dealing with title to land affected by resumption (1) The registrar of titles may, by notice in writing, require a person who has in his or her possession, custody or control any instrument evidencing the title to the land taken by the constructing authority named in such notice, to deliver up to the land registry, within the time specified in such notice, the instrument in question. (2) A person thereunto required by a notice under subsection (1), who fails to deliver up to the land registry the instrument specified in the notice within the time therein specified shall be guilty of an offence and liable to a penalty of 2 penalty units. (2A) Notwithstanding that such person has not been proceeded against for such offence, unless such failure is due to circumstances beyond the person's control, the person shall not be entitled to receive compensation or to be paid any advance or, in the case of a mortgagee, to be made any payment under this Act until the instrument in question is delivered to the land registry. (3) The costs and expenses in connection with the recording or registration of documents rendered necessary by the taking of the land shall be borne by the constructing authority. (4) Such costs and expenses may be taxed by the proper officer of the Supreme Court under the rules of that court. Division 3 Taking by agreement Subdivision 1 Resumption agreements 15 Meaning of resumption agreement (1) A resumption agreement is an agreement, complying with subsection (3), for a constructing authority to take land under this Act entered into by the authority and 1 or more of the affected persons for the land. (2) An affected person, for land the subject of a resumption agreement, is each person who, to the constructing authority's knowledge— (a) will be entitled to claim compensation under this Act in respect of the taking of the land; or (b) is a mortgagee of the land. (3) A resumption agreement must— (a) be written; and (b) be signed by each affected person who is a party to the agreement; and (c) state— (i) the particular purpose for which the land to be taken is to be taken; and (ii) a description of the land in the way mentioned in section 7(3)(b); and (iii) if the land is an easement—the rights and obligations to be conferred and imposed by the easement. (4) A resumption agreement may, in relation to the compensation for the taking of the land to be taken, for each affected person provide— (a) for the compensation to the person; or (b) that the amount of the compensation is to be fixed under part 4. (5) For subsection (4)(a), the compensation may include the benefit of an easement or another interest in land granted by the constructing authority over any land under the authority's control. Subdivision 2 Process for taking 15A Application of sdiv 2 This subdivision applies if a constructing authority has entered into a resumption agreement for particular land. 15B Limit on taking under sdiv 2 The land may be taken under this subdivision only if, for every affected person for the land— (a) the person— (i) is a party to the resumption agreement; or (ii) is a party to another resumption agreement for a particular interest in the land; or (iii) has given written consent to the land being taken in accordance with the resumption agreement; or (b) the person's interest in the land— (i) has been taken under this Act; or (ii) is taken under section 9 immediately before, or when, the land is taken under this subdivision. 15C Taking by Governor in Council (1) The constructing authority may apply to the relevant Minister for the land to be taken under this section. (2) The application must be— (a) made within 1 year after the date of the resumption agreement; and (b) accompanied by— (i) a copy of the resumption agreement; and (ii) if the land is not identified in the resumption agreement in the way mentioned in section 7(3)(b)(i)—a copy of a plan of survey of the land certified by a cadastral surveyor as being accurate or a plan that is sufficient to substantially identify the land. (3) The relevant Minister may, by written notice, require the constructing authority to give the relevant Minister stated information relating to the application within a stated reasonable period. (4) The relevant Minister must consider the application and any information given under subsection (3) to ensure the land— (a) may be taken; and (b) should be taken for the purpose for which it is proposed to be taken. (5) The Governor in Council may, by gazette notice, declare that the land is taken for the purpose stated in the notice. 15D Taking by constructing authority (1) The constructing authority may, by gazette notice, declare that the land is taken for the purpose stated in the notice, without making any application under section 15C. (2) However, the constructing authority may take the land for a multi-parcel purpose only if every other parcel of land required to be taken to carry out the multi-parcel purpose— (a) has been taken under this Act; or (b) is the subject of a resumption agreement entered into by the constructing authority; or (c) is the subject of a notice of intention to resume for which the objection period has ended and no objections have been received. (3) Also, the constructing authority may act under subsection (1) to take the land only if the authority is satisfied the land— (a) may be taken; and (b) should be taken for the purpose for which it is proposed to be taken. Subdivision 3 Miscellaneous 15E When taking is effective A taking under this division is effective on the day the gazette resumption notice is published. 15F Non-application of sections 7 to 9 Sections 7 to 9 do not apply to the taking of land under this division. 15G When constructing authority is taken to have discontinued resumption If a constructing authority has not made an application under section 15C or taken land under section 15D within 1 year after the date of a resumption agreement to which the authority is a party— (a) the authority is taken to have discontinued the resumption of the land the subject of the agreement; and (b) section 16 applies as if the authority had served each of the affected persons for the land with a notice of intention to resume. 15H No limit on other acquisition of land This division does not limit the power of a constructing authority to acquire land in another way, including, for example, by purchasing it. Part 3 Discontinuance of taking of land 16 Discontinuance of resumption before publication of gazette resumption notice (1) A constructing authority may at any time before the publication of the gazette resumption notice, serve upon every person who has been served with a notice of intention to resume a further notice stating that the constructing authority is discontinuing the resumption of the land concerned. (1A) Service of the further notice shall discontinue the resumption concerned and no person shall have any claim for compensation or other right or remedy whatsoever against the constructing authority for any loss or damage alleged to have been occasioned (directly or indirectly) by the service of the notice of intention to resume or the discontinuance of the resumption except a claim for compensation for costs and expenses incurred by the person who was served with the notice and any actual damage done to the land concerned by the constructing authority. (1B) The constructing authority and the claimant may agree upon the amount of the compensation to be paid under subsection (1A) or, upon the reference of either of them, such amount may be determined by the Land Court. (1C) However, the constructing authority may have such costs and expenses taxed by the proper officer of the Supreme Court under the rules of that court and that no person shall be entitled to compensation in excess of the value of his or her estate or interest in the land. (2) For the purposes of this section, notwithstanding that notice under this section has not been served, the constructing authority shall be deemed to discontinue a resumption if an application under section 9(1) has not been made within the time stated in section 9(2). 17 Revocation before determination of compensation (1) If, at any time after the publication of the gazette resumption notice and before the amount of compensation to be paid in respect of the taking thereof is determined by the Land Court or the payment of compensation in respect of the taking is sooner made, it is found that the land or any part thereof is not required for the purpose for which it was taken, the Governor in Council or a gazetting authority, by gazette notice (the revoking gazette notice), may revoke the gazette resumption notice, in whole or in part. (1A) However, the revoking gazette notice shall not be made or published in the gazette unless the person entitled as owner to compensation in respect of the taking of the land has previously agreed in writing to the revesting as provided by this section of the land or part to which that notice relates. (2) Upon the revocation wholly or otherwise by a revoking gazette notice of any gazette resumption notice— (a) the gazette resumption notice shall to the extent to which so revoked be deemed to be absolutely void as from the making thereof as if it had not been made; and (b) without prejudice to the provisions of paragraph (a), the land or part thereof, as the case may be, to which the revoking gazette notice relates shall revest in the person in whom the same vested immediately prior to the day when it was taken by the constructing authority under the gazette resumption notice taking the land and, subject as hereinafter in this section provided, shall so revest for the person's then estate or interest therein; and (c) the constructing authority shall cause a gazette copy of the revoking gazette notice to be lodged with the land registry, and the registrar of titles must as soon as may be thereafter, at the cost and expense of the constructing authority, do and execute all such acts, matters, and things as the registrar of titles shall consider necessary to give effect to this subsection. (2A) Subject to subsection (2)(a), for subsection (2)(b) the land or part shall so revest subject to all trusts, obligations, mortgages, encumbrances, charges, rates, contracts, claims, estates and interests of what kind soever subsisting therein or thereover immediately prior to the taking thereof, but so that no person shall be prejudiced by reason of the person having, in consequence of the gazette resumption notice taking the land in question and in the meantime, done or omitted to do any act or thing or failed to exercise any right in respect of any such trust, obligation, mortgage, encumbrance, charge, rate, contract, claim, estate, or interest and, without limiting the generality of the aforegoing, so that the time allowed under any such trust, obligation, mortgage, encumbrance, charge, rate, contract, claim, estate, or interest for the doing of any act or the exercising of any right shall be deemed not to be shortened by the period commencing on and including the date on which the land was taken and ending with and including the day immediately preceding the date on which the land or part was revested. (4) Any person entitled to claim compensation under this Act in respect of the taking of any land may, upon the revesting of such land or part thereof pursuant to this section, claim from the constructing authority compensation for the loss or damage and (if any) costs or expenses incurred by the person in consequence of the taking of the land and prior to its revesting. (5) The constructing authority and the claimant may agree upon the amount of the compensation to be paid under subsection (4), or they may agree that such amount be determined by the Land Court, in which case such amount shall, upon the reference of either of them, be determined by the Land Court as if the land had been taken and not revested and the claim were limited to the compensation payable under that subsection. Part 4 Compensation 18 By whom compensation may be claimed (1) Subject to subsections (2), (3), (4A) and (5) compensation whereto a right is had under section 12 may be claimed from the constructing authority under, subject to and in accordance with the provisions of this part. (2) In the case of the inability or incapacity of any person entitled to claim, the claim may be made by the person's guardian, trustee or committee or, if there is no guardian, trustee or committee, the Public Trustee of Queensland. (3) Compensation shall not be claimable by or payable to a person who is lessee, tenant or licensee of any land taken if the constructing authority upon written application allows the person's estate or interest to continue uninterrupted. (3A) If a person's investment property is taken under this Act, compensation for costs mentioned in the definition costs attributable to disturbance, paragraphs (a) and (b), under section 20(5) is claimable by, and payable to, the person for the purchase of land by the person to replace the investment property. (4) Subsection (4A) applies to land under the Land Title Act 1994. (4A) Where, in respect of an estate or interest in the land taken which is not duly registered or notified in the land registry, a claimant makes a claim for compensation subsequent to the payment to another claimant of compensation in respect of a greater estate or interest in the land taken which included the unregistered or unnotified estate or interest pursuant to a claim made by such other claimant in or in connection with which the first mentioned claimant did not disclose in writing such unregistered or unnotified estate or interest, the claimant first mentioned in this subsection shall not be entitled to any compensation whatever from the constructing authority. (5) The claim for compensation of a trustee or trustees of any land in respect of the taking thereof shall be limited to the amount of actual damage caused to the trust by reason of the taking, and no such trustee shall have any other right, remedy, or claim whatsoever in respect of such taking against the Crown or any other person whomsoever and this Act and every other relevant Act or law or rule, practice, or process of law, or judgment of any court of competent jurisdiction, shall be read, construed and applied subject to this subsection. (6) For the purposes of a claim for compensation in respect of common property under and within the meaning of the Building Units and Group Titles Act 1980, the body corporate constituted under that Act by the proprietors within the meaning thereof of the units comprised in the building units plan concerned shall be deemed to be the owner of such common property. (7) Except by unanimous resolution of all proprietors such body corporate shall not agree upon the amount of compensation. (8) Unless otherwise agreed by unanimous resolution of all proprietors, the amount of compensation shall be distributed among the proprietors in shares proportional to the unit entitlements of their respective units. (9) For a claim for compensation for common property for a community titles scheme, the body corporate for the scheme is taken to be the owner of the common property. (10) However— (a) the body corporate may agree on the amount of compensation only by resolution without dissent; and (b) unless the body corporate agrees by resolution without dissent to a different distribution of the compensation, it must be distributed among the owners of lots in shares proportionate to the respective interest schedule lot entitlements of their lots. (11) In subsections (9) and (10), the following words have the meanings given by the Body Corporate and Community Management Act 1997— • body corporate • common property • community titles scheme • interest schedule lot entitlement • lot • owner • resolution without dissent. (12) Subsection (13) applies to the proprietor of a lot in a building units plan under the Building Units and Group Titles Act 1980, or the owner of a lot in a community titles scheme under the Body Corporate and Community Management Act 1997, in relation to which a claim for compensation for common property mentioned in subsection (6) or (9) is made. (13) The making of the claim for compensation for the common property does not stop the proprietor or owner making a claim for compensation for damage suffered by the proprietor or owner as a result of the taking of the common property and the effect of the taking on the proprietor's or owner's lot. (14) In subsection (3A)— investment property, of a person, means any land held by the person for investment purposes. 19 Claim for compensation (1) A claim for compensation shall be in writing, shall be served upon the constructing authority, shall state in full the name and address of the claimant, shall be signed by the claimant, and shall contain or be accompanied by each of the following— (a) a description of the land taken and a statement of the area thereof; (b) a statement of the nature and particulars of the claimant's estate or interest in the land taken; (c) a statement (which, in the case of the owner, shall be verified by statutory declaration) as to whether or not the claimant's estate or interest in the land taken is subject to any trust, obligation, mortgage, lease, agreement to lease, charge, rate, contract, claim or other estate or interest whatsoever and, if so, the nature and particulars of those of the aforesaid to which the estate or interest is subject; (d) an itemised statement of the claim, showing the nature and particulars of each item and the amount claimed in respect thereof; (e) the total amount of compensation claimed. (2) Where the estate or interest of the claimant is not registered or notified in the land registry, the claim shall be accompanied by proof of title to the estate or interest claimed, which proof shall include copies of or abstracts from all documents (if any) necessary to establish in law the estate or interest. (3) A claim for compensation may be served on the constructing authority only within 3 years after the day the land was taken. (4) Despite subsection (3), the constructing authority may accept, and deal with, a claim for compensation served by the claimant more than 3 years after the day the land was taken if the constructing authority is satisfied it is reasonable in all the circumstances to do so. (5) If the constructing authority does not accept a claim served by the claimant more than 3 years after the day the land was taken, the claimant may apply to the Land Court to decide whether it is reasonable in all the circumstances for the constructing authority to accept the claim. (6) If the Land Court decides it is reasonable in all the circumstances for the constructing authority to accept the claim, the constructing authority must accept, and deal with, the claim under this Act. (7) If the constructing authority accepts and deals with a claim for compensation served by the claimant more than 3 years after the day the land was taken, the Land Court must take into account the late service of the claim in deciding any amount of interest payable under section 28 in relation to the claim. 20 Assessment of compensation (1) In assessing the compensation to be paid, regard shall in every case be had not only to the value of land taken but also— (a) to the damage, if any, caused by any of the following— (i) the severing of the land taken from other land of the claimant; (ii) the exercise of any statutory powers by the constructing authority otherwise injuriously affecting the claimant's other land mentioned in subparagraph (i); and (b) to the claimant's costs attributable to disturbance. Note— See, however— (a) the Geothermal Energy Act 2010, section 350D in relation to geothermal interests under that Act; and (b) the Greenhouse Gas Storage Act 2009, section 369D in relation to GHG interests under that Act; and (c) the Mineral Resources Act 1989, section 10AAD in relation to mining tenement interests under that Act; and (d) the Petroleum Act 1923, section 124C in relation to 1923 Act petroleum interests under that Act; and (e) the Petroleum and Gas (Production and Safety) Act 2004, section 30AD in relation to petroleum interests under that Act. (2) Compensation shall be assessed according to the value of the estate or interest of the claimant in the land taken on the date when it was taken. (2A) However, in assessing the compensation, a contract, licence, agreement or other arrangement (a relevant instrument) entered into in relation to the land after the notice of intention to resume was served on the claimant must not be taken into consideration if the relevant instrument was entered into for the sole or dominant purpose of enabling the claimant or another person to obtain compensation for an interest in the land created under the instrument. (3) In assessing the compensation to be paid, there shall be taken into consideration, by way of set-off or abatement, any enhancement of the value of the interest of the claimant in any land adjoining the land taken or severed therefrom by the carrying out of the works or purpose for which the land is taken. (4) But in no case shall subsection (3) operate so as to require any payment to be made by the claimant in consideration of such enhancement of value. (5) In this section— costs attributable to disturbance, in relation to the taking of land, means all or any of the following— (a) legal costs and valuation or other professional fees reasonably incurred by the claimant in relation to the preparation and filing of the claimant's claim for compensation; (b) the following costs relating to the purchase of land by a claimant to replace the land taken— (i) stamp duty reasonably incurred or that might reasonably be incurred by the claimant, but not more than the amount of stamp duty that would be incurred for the purchase of land of equivalent value to the land taken; (ii) financial costs reasonably incurred or that might reasonably be incurred by the claimant in relation to the discharge of a mortgage and the execution of a new mortgage, but not more than the amount that would be incurred if the new mortgage secured the repayment of the balance owing in relation to the discharged mortgage; (iii) legal costs reasonably incurred by the claimant; (iv) other financial costs, other than any taxation liability, reasonably incurred by the claimant; (c) removal and storage costs reasonably incurred by the claimant in relocating from the land taken; (d) costs reasonably incurred by the claimant to connect to any services or utilities on relocating from the land taken; (e) other financial costs that are reasonably incurred or that might reasonably be incurred by the claimant, relating to the use of the land taken, as a direct and natural consequence of the taking of the land; (f) an amount reasonably attributed to the loss of profits resulting from interruption to the claimant's business that is a direct and natural consequence of the taking of the land; (g) other economic losses and costs reasonably incurred by the claimant that are a direct and natural consequence of the taking of the land. Example of costs for paragraph (g)— cost of school uniforms for children enrolled in a new school because of relocation from the land taken 21 Grant of easement etc. or transfer of land in satisfaction of compensation (1) The constructing authority and the claimant may agree that the constructing authority will grant the claimant, in satisfaction wholly or partly of the claimant's claim for compensation, any easement, right of way, lease or other right of occupation, or any other right, privilege or concession in, upon, over or under the land taken or any other land the property of the constructing authority. (1A) Also, the constructing authority and the claimant may agree that the constructing authority will transfer land held in fee simple by the constructing authority to the claimant in satisfaction wholly or partly of the claimant's claim for compensation. (2) In such cases the parties may agree that the extent to which the grant or transfer shall satisfy the claim for compensation shall be determined by the Land Court, and the jurisdiction of the Land Court to determine the compensation shall include jurisdiction to determine the extent of such satisfaction. 22 Crown grant in satisfaction of compensation (1) Where the Crown is the constructing authority, and the claimant agrees, the Governor in Council may grant in fee simple or demise for any lesser estate or interest to the claimant, in satisfaction wholly or partly of the claim for compensation, any unallocated State land. (2) For the purposes of subsection (1), the relevant Minister, other than the State Development Minister, may close a road that traverses or adjoins land owned by the claimant, and the Governor in Council may grant the land in the road to the claimant. 23 Advance against compensation (1) A claimant for compensation may at any time after the date on which the claimant delivered to the constructing authority his or her claim for compensation in accordance with the requirements of section 19, apply to the constructing authority to make to the claimant an advance not exceeding the amount prescribed by subsection (3) in respect of the compensation claimable by the claimant. (2) Subject to being satisfied that the applicant is entitled to claim compensation and to subsection (3) the constructing authority shall make to the applicant the advance applied for by the applicant in respect of the compensation claimed by the applicant. (3) The amount of an advance under this section shall not exceed— (a) where the constructing authority has made to the claimant an offer in writing of an amount of compensation in settlement of the claimant's claim—that amount; or (b) where the constructing authority has not made the offer mentioned in paragraph (a)—an amount equal to its estimate of the amount of compensation payable to the claimant. (4) Subject to subsections (5) and (6), any amount payable to a claimant under this section which is not paid within 90 days after the claimant applied for the payment shall be recoverable by the claimant as a debt due and unpaid to the claimant by the constructing authority. (5) Before paying the advance the constructing authority may require the claimant to satisfy it regarding taxes, rates and other moneys which, if unpaid, would be a charge upon the land, and may reduce the advance by any sum which, in respect of any thereof, is unpaid or, as respects any period of time prior to the date when the land was taken, will become payable. (6) Where the land concerned is subject to a mortgage at the date when it is taken the constructing authority may reduce the advance by the sum due to the mortgagee. (7) The constructing authority may pay to the Crown or to the local government concerned or to the mortgagee any sum by which the advance has been reduced under subsection (5) or (6). 24 Reference of claim for compensation to Land Court (1) Subject to this section either the constructing authority or the claimant may refer to