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ACQUISITION OF LAND ACT 1967 - As at 22 November 2023 - Act 48 of 1967

- As at 22 November 2023 - Act 48 of 1967

Table of Provisions

PART 1 - PRELIMINARY

  • 1 Short title
  • 2 Definitions
  • 3 Meaning of multi-parcel purpose
  • 4 Relationship with other Acts
  • 4A Taking non-native title right or interest
  • 4B Taking non-native title right or interest that is a resource interest

PART 2 - TAKING OF LAND

Division 1 - General

  • 5 Purposes for which land may be taken
  • 6 Easements

Division 2 - Taking other than by agreement

  • 7 Notice of intention to take land
  • 8 Dealing with objections
  • 9 Ways in which land is to be taken
  • 10. (Repealed)
  • 11 Amending of gazette resumption notice
  • 12 Effect of gazette resumption notice
  • 12A Constructing authority must lodge new plan of survey for particular land
  • 12B Particular land may be dedicated as road
  • 13 Provision for taking particular additional land
  • 14 Dealing with title to land affected by resumption

Division 3 - Taking by agreement

Subdivision 1 - Resumption agreements
  • 15 Meaning of resumption agreement
  • Subdivision 2 - Process for taking
  • 15A Application of sdiv 2
  • 15B Limit on taking under sdiv 2
  • 15C Taking by Governor in Council
  • 15D Taking by constructing authority
  • Subdivision 3 - Miscellaneous
  • 15E When taking is effective
  • 15F Non-application of sections 7 to 9
  • 15G When constructing authority is taken to have discontinued resumption
  • 15H No limit on other acquisition of land

PART 3 - DISCONTINUANCE OF TAKING OF LAND

  • 16 Discontinuance of resumption before publication of gazette resumption notice
  • 17 Revocation before determination of compensation

PART 4 - COMPENSATION

  • 18 By whom compensation may be claimed
  • 19 Claim for compensation
  • 20 Assessment of compensation
  • 21 Grant of easement etc. or transfer of land in satisfaction of compensation
  • 22 Crown grant in satisfaction of compensation
  • 23 Advance against compensation
  • 24 Reference of claim for compensation to Land Court
  • 25 Reference to Land Court by constructing authority
  • 26 Jurisdiction relating to compensation
  • 26A Jurisdiction about recovery of advance against compensation
  • 27 Costs
  • 28 Interest
  • 29 Where right to compensation is questioned
  • 30 Limited interests
  • 31 Powers of Supreme Court in respect of building units
  • 31A Powers of District Court for community titles scheme
  • 32 Mortgages
  • 33 Rent-charge or annuity
  • 34 Where part only of land subject to rent is taken
  • 35 Taxes, rates and charges

PART 5 - GENERAL

  • 36 Powers of entry etc.
  • 36A Minister may act for Crown as constructing authority
  • 36B Delegation by Minister
  • 37 Temporary occupation of land
  • 38 Refusal to give up land
  • 39 Service of documents
  • 40 Offences
  • 41 Disposal of land
  • 42 Regulation-making power
  • 43 Publication of notices

PART 6 - TRANSITIONAL AND OTHER PROVISIONS

Division 1 - Provision for Acquisition of Land Amendment Act 1999

  • 44 Validating and transitional provisions for the Acquisition of Land Amendment Act 1999

Division 2 - Provision for Transport and Other Legislation Amendment Act 2005

  • 45 Transitional provision for taking of land by Brisbane City Council and other local governments

Division 3 - Provisions for Acquisition of Land and Other Legislation Amendment Act 2009

  • 46 Making claims for compensation
  • 47 Recovery of advance against compensation

Division 4 - Provisions for Land, Water and Other Legislation Amendment Act 2013

Division 5 - Validation provisions for Environmental Protection and Other Legislation Amendment Act 2020

  • 52 Validation provision relating to purposes for which land may be taken
  • 53 Validation of taking of particular land
  • 54 Validation of particular notices of intention to resume and resumption agreements

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