The Act primarily affects three classes of actor. First, constructing authorities—the Crown (via the relevant Minister under s 36A), local governments, and any other entity authorised by another statute to take land under this Act (s 5(1)). They bear the procedural onus: serving notices (s 7), considering objections (s 8), making applications or entering agreements (ss 9, 15), publishing gazette notices (ss 9, 15C, 15D), registering titles (s 12), paying compensation and advances (ss 23, 26A), offering surplus land back (s 41), and managing temporary occupation (s 37). Failure to serve does not invalidate a gazette notice if beyond control (s 7(5)), but authorities must act reasonably (s 9(5)(b)).

Second, landowners and interest holders. Any person with an estate or interest in land proposed to be taken—including freeholders, lessees, mortgagees, easement holders, native title holders (via ss 4, 4A), trustees, bodies corporate for common property (s 18(6),(9)), and proprietors of lots affected by common-property resumption (s 18(13))—is entitled to notice, objection rights, compensation, and, in limited cases, revesting on discontinuance (s 17). Claimants must prove title if unregistered (s 19(2)), itemise claims (s 19(1)), and may face set-off for betterment (s 20(3)). Special classes include trustees (claims limited to actual trust damage: s 18(5)), investment-property owners (disturbance costs for replacement land: s 18(3A)), and resource-interest holders whose non-native title rights are extinguished with register-notification obligations on the authority (s 4B).

Third, ancillary parties such as the Land Court (jurisdiction over compensation, costs, interest, advances recovery and title disputes: ss 24-26A, 27-30), the registrar of titles (registration, plan amendments, community management statements: ss 6, 12, 12A, 14), the Supreme Court and District Court (title disputes, building destruction jurisdiction, money paid into court: ss 26, 29-31A), the Valuer-General (surplus land pricing: s 41), and the sheriff (warrants of possession: s 38). The relevant Minister exercises gatekeeper functions (ss 9, 15C) and may require further information (s 9(4)). Native title representative bodies and resource chief executives are indirectly engaged through ss 4-4B notification and extinguishment rules. Ultimately every Queenslander with an interest in land potentially required for a Schedule 1 purpose, and every taxpayer funding compensation and infrastructure, is affected.

Constructing authorities hold the power to take (s 5) but are subject to mandatory duties: accurate and complete notices (s 7(3)), genuine consideration of objections (s 8(2)), timely applications (s 9(2)), satisfaction of statutory preconditions before gazettal (s 9(5)), registration and service of gazette notices (s 12(7)), payment of advances on compliant claims (s 23(2)), deduction of outstanding rates/taxes/mortgages (s 23(5)-(7)), and re-offer of unneeded land within seven years (s 41(1)). They must apply resource-specific notice requirements when extinguishing geothermal, GHG, mining or petroleum interests (s 7(3) "See also"). Rights include amending notices before gazettal (s 7(4AA)), temporary occupation (s 37(1)), entry for surveys (s 36), and set-off for betterment (s 20(3)).

Claimants enjoy the right to 30 days' objection with oral hearing (s 7(3)(d)-(e)), compensation for value, disturbance, severance and injurious affection (s 20(1)), interest from taking date (s 28), advances (s 23), and Land Court determination (s 24). Bodies corporate have specific rights and duties regarding common property claims (s 18(6)-(11)). Mortgagees may receive direct payment up to the secured sum (s 32). Rights are tempered by duties: timely claims (s 19(3)), full disclosure of interests (s 19(1)(c)), proof of unregistered title (s 19(2)), and mitigation (implicit in reasonableness tests for disturbance: s 20(5)). Late claims are possible but may reduce interest (s 19(7)).

The Land Court has exclusive jurisdiction over compensation quantum (s 26(1)), with decisions filed as Supreme Court judgments (s 26(3)) and powers to order particulars (s 24(4)), award costs on a "nearest to offer" basis (s 27(2)), grant interest (s 28), recover overpaid advances (s 26A), and determine title disputes while still quantifying compensation (s 29(1)). The Supreme Court manages funds paid in on title disputes (ss 29, 30), exercises building-units jurisdiction on total resumption (s 31), and the District Court does likewise for community titles schemes (s 31A).

Owners facing temporary occupation hold a right to compensation for actual damage (s 37(3)), capped at the amount payable on permanent taking. All parties benefit from the overarching protection that failure to serve non-owners does not invalidate resumption (s 7(5)) and that gazettal is prima facie evidence of procedural compliance (s 12(6)).

The Act creates few direct offences. Wilful obstruction of authorised entry or damage to survey marks attracts a maximum 4 penalty units (s 36(4)). Regulations may prescribe offences of up to 1 penalty unit (s 42(2)). Failure to deliver title deeds on registrar's notice incurs 2 penalty units and bars receipt of compensation until cured (s 14(2)-(2A)). Most "enforcement" is civil: sheriff warrants for possession (s 38), Land Court orders for advance recovery with interest (s 26A), costs sanctions for non-compliance with directions (ss 24(4A), 25(2A)), and taxation of costs in the Supreme Court (ss 14(4), 23(5)). Discontinuance before gazettal limits compensation to costs and actual damage (s 16(1A)). Post-gazettal revocation requires owner consent and triggers compensation for interim losses (s 17(4)-(5)). Mortgagees and rating authorities enjoy priority over compensation (ss 32(2), 35). The Act's primary deterrent is the compensation liability itself, coupled with judicial oversight and the political cost of procedurally flawed resumptions.

The Act is expressly parasitic. Section 4 applies it where another Act authorises taking "even though this Act would not otherwise apply", but carves out ss 9(7) and 15D where Aboriginal or Torres Strait Islander interests (including native title) exist (s 4(2)-(3)). Sections 4A-4B then prescribe how non-native title rights and resource interests are taken and extinguished concurrently with native title under the Native Title (Queensland) Act 1993 s 144, requiring register notification and capping compensation per the relevant resource compensation provision (e.g. Mineral Resources Act 1989 s 10AAD precludes allowance for known minerals).

Schedule 1 purposes are interpreted liberally; part headings are merely indicative (s 5(3)). The Land Act 1994, Land Title Act 1994 and Survey and Mapping Infrastructure Act 2003 govern post-taking registration, plan lodgement and road dedication (ss 6(2), 11(3), 12(2)-(4B), 12B). Building Units and Group Titles Act 1980 and Body Corporate and Community Management Act 1997 interact via special service, registration and compensation rules for common property (ss 7(2A)-(2D), 12(3)-(3A), 12A, 18(6)-(13), 31, 31A). Resource Acts (Geothermal Energy Act 2010, Greenhouse Gas Storage Act 2009, Mineral Resources Act 1989, Petroleum Act 1923, Petroleum and Gas (Production and Safety) Act 2004) impose additional notice and compensation limitations (ss 7(3), 12(5), 20(1)).

The Acts Interpretation Act 1954 s 24AA applies to amendment of gazette notices (s 11(1)), while the Justices Act 1886 governs summary prosecutions (s 40). The Land Court Act 2000 supplies the Court's constitution and appeals. Valuation of land for compensation or surplus re-offer occurs under the Land Valuation Act 2010 (s 41(1)). The Public Trustee of Queensland may claim or receive funds for incapable persons (ss 18(2), 30(1)(v)). In short, the Act functions as procedural superstructure overlaying a myriad of tenure, native title, resource, planning and court statutes; practitioners must read it in pari materia with the cited legislation.

The most significant recent overhaul was the Acquisition of Land and Other Legislation Amendment Act 2013, which inserted the multi-parcel purpose definition (s 3), clarified relationship with other Acts and native title (s 4), added ss 4A-4B for non-native title and resource interests (responding to native title litigation complexities), replaced the former s 15 agreement process with a comprehensive resumption agreement division (ss 15-15H) to reduce red tape, streamlined no-objection ministerial gazettals (s 9(7)), updated common-property and community-titles provisions (ss 7, 12, 18), and revised the Minister's delegation power (s 36B, preventing delegation of contested s 9 decisions). These changes were driven by the need to accommodate native title post-Mabo and Wik, facilitate linear infrastructure (roads, railways) requiring multiple parcels, reduce unnecessary objection hearings where agreement is reached, and align with contemporary strata and resource tenure regimes.

The Environmental Protection and Other Legislation Amendment Act 2020 validated takings and notices that had referred to "Regional Landscape and Rural Protection Area" instead of the corrected "Regional Landscape and Rural Production Area" for koala conservation purposes (ss 52-54), reflecting planning-scheme nomenclature updates. Earlier amendments (2009) expanded disturbance costs (s 20(5)), allowed late claims with judicial oversight (s 19(3)-(7)), introduced advance-recovery jurisdiction (s 26A), and refined common-property rules. The cumulative effect has been to make the Act more flexible for modern infrastructure and environmental projects while tightening procedural fairness and compensation transparency. No further substantive amendments appear in the supplied text, but the transitional provisions (Part 6) preserve the validity of pre-amendment actions.

The supplied text does not cite specific cases, but the structure reveals likely flashpoints. Objection grounds are confined to the taking itself; quantum is excluded (s 7(3)(e)(ii)), a limitation upheld to prevent merits review of compensation at the notice stage. The "reasonable steps" test in s 9(5)(b) invites judicial review if service or objection handling is perfunctory. Multi-parcel preconditions (ss 3, 9(7)(b), 15D(2)) have generated disputes over whether every other parcel must be finalised before the last can be taken by ministerial notice. Native title carve-outs (s 4(2)) and the extinguishment mechanics in ss 4A-4B have been controversial, particularly the complete extinguishment of resource interests on gazettal (s 4A(3)) and the prohibition on valuing known minerals (s 4B(3)).

Compensation "disturbance" has been litigated around remoteness: s 20(5)(g) "other economic losses... as a direct and natural consequence" echoes common-law tests, while the cap on stamp duty and mortgage costs for replacement land (s 20(5)(b)) prevents windfalls. The betterment set-off (s 20(3)) remains contentious where infrastructure both enhances and severs. Trustee limitations (s 18(5)) and the exclusion of services contracts from compensation (s 12(5C)) have narrowed claims. Discontinuance compensation is capped at costs and actual damage (s 16(1A)), preventing speculative loss claims. The seven-year surplus land re-offer obligation (s 41) has produced disputes over "former owner" identification when multiple interests existed at acquisition. Overall, controversies centre on procedural fairness versus administrative efficiency, the breadth of "public purpose", and the precise quantum of disturbance in inflationary or business-interruption contexts. The Land Court's specialist role has generally contained these to merits rather than constitutional challenges.

Most practitioners miss that a notice of intention to resume can be amended without restarting the entire process for existing objectors if the owner agrees (s 8(3)), but any amendment adding land requires fresh notices (s 8(2B)). The three-year claim limit (s 19(3)) is not absolute; authorities may accept late claims if "reasonable in all the circumstances" and the Land Court can compel acceptance, yet late filing still risks interest reduction (s 19(7))—a trap for claimants who assume the limitation is soft.

Section 20(2A) retrospectively disregards any post-notice contract, licence or arrangement made solely or dominantly to manufacture compensation; due diligence on timing of leases or licences is therefore critical. Resource tenement holders lose the value of known minerals (s 4B(3) applying Mineral Resources Act 1989 s 10AAD), a severe limitation not obvious from the compensation headings. Common-property bodies corporate can only settle by unanimous resolution (pre-2013) or resolution without dissent (s 18(10)), and must distribute pro-rata unless otherwise resolved—yet individual lot owners retain separate claims for consequential lot damage (s 18(13)), creating double-dipping risks and coordination headaches.

Temporary occupation compensation (s 37) is capped at the amount that would be payable on permanent taking, but only if notice is given; accident repairs bypass notice yet still attract liability. Surplus land must be offered at Valuer-General value (s 41(1)), not market or discounted; authorities sometimes overlook the strict seven-year trigger. Mortgagees can force direct payment (s 32) but lose priority to unpaid rates (s 35) and must consent to any agreed compensation (s 12(5A)). Finally, gazettal is conclusive evidence of procedural compliance (s 12(6)) except for title disputes (s 29), so judicial review is narrow once published—claimants must act at the notice-of-intention stage or risk being shut out.

Constructing authorities should maintain a checklist: (1) confirm Schedule 1 or other statutory power (s 5); (2) identify every interest holder and mortgagee (s 7(2)); (3) draft notices complying with every subparagraph of s 7(3), including resource Act cross-references if applicable; (4) lodge with the land registry (s 7(4)); (5) consider objections in good faith and minute reasons (s 8); (6) compile the s 9(3) application bundle with certified plans and service affidavits; (7) for agreements, ensure all affected persons sign and the document satisfies s 15(3); (8) obtain ministerial or Governor in Council gazette notice; (9) register the taking, amend plans, notify resource chief executives (s 4B(2)); (10) serve copies on all known claimants (s 12(7)); (11) pay advances on compliant claims within 90 days (s 23); (12) assess compensation strictly per s 20, excluding post-notice inflating instruments; (13) deduct rates, taxes and mortgages (ss 23(5)-(7), 35); (14) within seven years, if land is surplus, obtain Valuer-General valuation and offer to former owner(s) per s 41(2) definition. Keep detailed records to prove "reasonable steps" under s 9(5).

Claimants should: (1) treat the notice of intention seriously—objections must state grounds and facts, not quantum (s 7(3)(e)); (2) file within three years or seek early extension (s 19(3)-(5)); (3) itemise every head of disturbance with invoices or estimates (s 19(1)(d), s 20(5)); (4) prove unregistered interests (s 19(2)); (5) disclose all trusts, mortgages and contracts (s 19(1)(c)); (6) for investment properties, claim capped replacement costs (s 18(3A)); (7) negotiate advances early (s 23); (8) consider Land Court referral only after genuine negotiation, mindful that costs follow the "nearest to final offer" rule (s 27(2)). Both sides should engage registered valuers familiar with resumption jurisprudence and, where native title or resource interests are involved, obtain specialist advice before gazettal to avoid extinguishment surprises. Regular file audits against the Act's checklists minimise the risk of judicial review or adverse costs orders.