LOCAL GOVERNMENT ACT 2009 - SECT 61
Notice of intention to acquire land to widen a road
LOCAL GOVERNMENT ACT 2009 - SECT 61
Notice of intention to acquire land to widen a road
(1) If a local government wants to acquire land in order to widen a road, the
local government must give the owner of the land a
notice of intention to acquire land . (2) A
"notice of intention to acquire land" informs the owner in general terms of
this section and section 62 . (3) However, a local government can not,
without the consent of the Planning and Environment Court, serve
notice of intention to acquire land on an owner of land after the owner has
applied to the local government — (a) for approval to subdivide the land; or
(b) for approval, consent or permission— (i) to erect or use a structure on
the land; or (ii) to use the land for any other purpose. (4) The court may
consent to the notice of intention to acquire land being served only if the
court is satisfied that the purpose of the notice is to enable the
local government to make, in good faith, a reasonable widening of the road.
(5) After a local government gives an owner a
notice of intention to acquire land , the owner must not erect, place,
re-erect, replace or repair any structure, or part of a structure, on the land
without the local government ’s permission. (6) The local government must
lodge a copy of a notice of intention to acquire land with the registrar of
titles for registration on the instrument of title to the land. (7) The
registrar of titles may register the notice of intention to acquire land even
if the instrument of title is not produced.
http://www.austlii.edu.au/au/legis/qld/consol_act/lga2009182/s61.html