SOUTH-EAST QUEENSLAND WATER (DISTRIBUTION AND RETAIL RESTRUCTURING) ACT 2009 - SECT 92DM
Provisions for withdrawn council becoming constructing authority
SOUTH-EAST QUEENSLAND WATER (DISTRIBUTION AND RETAIL RESTRUCTURING) ACT 2009 - SECT 92DM
Provisions for withdrawn council becoming constructing authority
92DM Provisions for withdrawn council becoming constructing authority
(1) This section applies if under section 92DL, a withdrawn council becomes
the constructing authority for the taking of land instead of Allconnex.
(2)
Allconnex must give the withdrawn council the documents relating to the
taking.
(3) Despite the Acquisition of Land Act , section 12 (1) , the land
taken under a gazette resumption notice under that Act vests in the withdrawn
council.
(4) The withdrawn council—
(a) has for the taking the same
functions and obligations under the Acquisition of Land Act as Allconnex; and
(b) does not represent the State for section 12of that Act.
(5) The rights
under the Acquisition of Land Act of a person served with a notice of
intention to resume or who entered into an agreement to take the land do not
change.
(6) A reference to Allconnex in a document relating to the taking is,
if the context permits, taken to be a reference to the withdrawn council.
(7)
Without limiting subsection (6) , if Allconnex is taking the land under an
agreement to take—
(a) a reference in the agreement to Allconnex is taken to
be a reference to the withdrawn council; and
(b) the agreement gives rise to
the same rights and liabilities that would have arisen if Allconnex were still
a party to the agreement.
