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Acquisition of Land Amendment Bill 1999
ACQUISITION OF LAND AMENDMENT
BILL 1999
EXPLANATORY NOTES
OBJECTIVES
The Bill makes amendments to the Acquisition of Land Act 1967 (the
Act) to:
· modernise provisions in the Act as they apply to the deliberative
powers of the Governor in Council which are inconsistent with
the legislative approaches taken with other legislation. Following
the Electoral and Administrative Review Commission's (EARC)
report in 1990, virtually all legislation which conferred
deliberative powers on the Governor in Council has been updated
with alternative arrangements put in place. It is appropriate to
adopt the more contemporary approach whereby the Minister
investigates the merits of each application and, if satisfied with the
findings, takes forward a recommendation (through the Executive
Council process) for the taking of land by gazette notice. The
current practice of publishing a proclamation in gazette
(proclamation) of the Governor in Council's decision to take an
interest in land would be replaced by the publication of a notice in
the gazette;
· to provide a more reasonable approach for both land holders and
constructing authorities alike in the identification of the land to be
taken by not necessarily requiring an actual plan of survey to be
prepared to obtain a gazette notice (proclamation). This does not
change the requirement for the land to be surveyed to enable
registration in the Land Titles Registry. Rather it enables a
constructing authority to substantially identify the land required in
the first instance and then prepare a plan of survey of the precise
needs of the constructing authority after construction. This
ensures that no more land is taken than is necessary. This
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Acquisition of Land Amendment Bill 1999
approach does not in any way limit or alter the land holders right
to be compensated; and
· Validate the practices followed by the Department of Main Roads
in taking land which did not always use plans of survey in
support of the proclamations taking the land.
These long standing practices were originally considered to have been
exempted from the requirement under s9(4) of the Act to use plans of
survey when gazette notices (proclamations) were issued. This view
was based on s25(11) of the Transport Planning and Coordination Act
1994 which in turn was based on provisions effectively carried
through from the Main Roads Act 1920.
Whilst the practices followed are well suited to the type of
infrastructure provided by the Department of Main Roads and serve
both the public interest and the best interests of land holders, those
practices are now considered not to comply with s9(4) of the Act.
This legislation aims to remove any doubt or possible disruption to the
roads infrastructure program that might otherwise arise if the proposed
amendments did not proceed.
HOW POLICY OBJECTIVES WILL BE ACHIEVED
The amendments to the Act in this Bill will allow the administrative
processes associated with the Governor in Council's deliberative role in
acquisitions to be transferred to the relevant Minister.
It will also allow the taking of land by means of plans of survey and
additionally plans which substantially identify the land that will be
subsequently defined by plans of survey.
The amendment will validate existing acquisitions of interests in land
which were not accompanied by plans of survey when applications were
made.
ADMINISTRATIVE COST TO GOVERNMENT
The proposed changes will not alter existing administrative costs.
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Acquisition of Land Amendment Bill 1999
CONSISTENCY WITH FUNDAMENTAL LEGISLATIVE
PROVISIONS
By validating takings where gazette notices (proclamations) have issued
but which are not registered in the Land Titles Registry, it is arguable that
the legislation is retrospective. However, it is important to note that
landholders rights to claim compensation are not adversely affected. In
addition landholders for many years have had their land acquired in support
of road infrastructure following practices which are proposed to be codified
by this Bill. These practices are fair to land holders both in terms of
compensation and in minimising the land taken for projects.
CONSULTATION
Consultation has occurred within Government.
NOTES ON CLAUSES
PART 1--PRELIMINARY
Clause 1 sets out the short title of the Act
Clause 2 identifies the Act being amended
PART 2--MAJOR AMENDMENTS
Clause 3(1) amends section 9 by inserting an additional provision in
section 9(4) to permit the use of plans sufficient to substantially identify the
land, which are not plans of survey in support of taking under the Act.
Clause 3(2)replacing section 9(6) transferring responsibility from the
Governor in Council to the Minister to investigate and decide on the merits
of each application.
· insert new section 9(7) to enable the Governor in Council to
gazette a notice to declare that the land is taken.
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Acquisition of Land Amendment Bill 1999
· insert new section 9(8) to establish that the taking of land is
effective on the day of the publication of notice.
Clause 4(1)replaces section 10(1C) to reflect similar amendments to
those proposed in Clause 3(2) above.
Clause 4(2)amends section 10(3) by inserting an additional provision to
reflect similar amendments to those proposed in clause 3(1) above.
Clause 5(1)amends section 15(3B) by inserting an additional provision
to reflect similar amendments to this proposed in clause 3(1).
Clause 5(2)replaces section 15(4) to reflect similar amendments to those
proposed in Clause 3(1) above.
Clause 5(3)replaces section 15(6) to reflect similar amendments to those
proposed in Clause 3(2) above.
Clause 6inserts a new part 6 after section 43 to validate the taking of land
which was not accompanied by a copy of a plan of survey but was
accompanied by a plan sufficient to substantially identify the land in the
application.
PART 3
SCHEDULE OF CONSEQUENTIAL AND MINOR
AMENDMENTS
Amendments 1 to 63 make consequential and minor amendments
necessary to reflect the changes proposed in Clause 3 above and to update
provisions.
© The State of Queensland 1999