sec.12Effect of gazette resumption notice

### sec.12 Effect of gazette resumption notice Subject to subsection (4) , land taken by a gazette resumption notice— shall vest, according as the notice prescribes, in the Crown or in the constructing authority which requires the land on and from the date of the publication in the gazette of the notice; or if it is taken by the Crown on behalf of a corporation representing the Crown in right of the State or constituted by any Act shall vest in the corporation requiring the land if the notice so prescribes and in such case, where the corporation is not a constructing authority, the provisions of section 41 shall apply as if the corporation were a constructing authority. Where land taken vests in a constructing authority or, if the gazette resumption notice so prescribes, in a corporation it shall so vest and be held by the constructing authority or corporation for the estate or interest therein of which the land taken consists and, where the estate or interest is such that provision is made by the Land Title Act 1994 for its registration, upon application by the constructing authority or corporation and production of a gazette copy of the gazette resumption notice and payment of the prescribed fees, the registrar of titles shall register the constructing authority or corporation accordingly. Where the land taken is part of land subject to a building units plan registered under the Building Units and Group Titles Act 1980 the registrar of titles shall, upon payment of the prescribed fees, do and execute all such acts, matters and things as the registrar of titles considers necessary to amend the building units plan, and may make all such recordings as the registrar of titles considers necessary in the appropriate register. If land taken is scheme land for a community titles scheme under the Body Corporate and Community Management Act 1997 , the registrar of titles must, on payment of the prescribed fee, take the necessary action— to register a plan of survey identifying the remaining scheme land; and to record the taking of the land in the freehold land register; and to record a new community management statement for the scheme. Land granted by the Crown upon trust for a public purpose, or land comprised in a lease held under the Land Act 1994 , shall upon and by virtue of the taking thereof become unallocated State land. Land mentioned in subsection (4) may, having regard to the purpose for which it was taken— be dedicated, under the Land Act 1994 , as a reserve under the trusteeship of the constructing authority; or be dedicated, under the Land Act 1994 or this Act, as a road; or be granted or leased, under the Land Act 1994 , to the constructing authority; or be dealt with under another Act. The constructing authority that takes the land mentioned in subsection (4) may also deal with the land for the purpose for which it is taken on and from the day it is taken, even though the land is yet to be dedicated, granted, leased or otherwise dealt with under subsection (4A) . On and from the date of the publication of the gazette resumption notice the land thereby taken shall be vested or become unallocated State land as provided by the foregoing provisions of this section absolutely freed and discharged from all trusts, obligations, mortgages, charges, rates, contracts, claims, estates, or interest of what kind soever, or if an easement only is taken, such easement shall be vested in the constructing authority or, where the gazette resumption notice prescribes, in the corporation requiring the easement, and the estate and interest of every person entitled to the whole or any part of the land shall thereby be converted into a right to claim compensation under this Act and every person whose estate and interest in the land is injuriously affected by the easement shall have a right to claim compensation under this Act. See, however— the Geothermal Energy Act 2010 , sections 350A and 350B in relation to geothermal interests under that Act; and the Greenhouse Gas Storage Act 2009 , sections 369A and 369B in relation to GHG interests under that Act; and the Mineral Resources Act 1989 , sections 10AAA and 10AAB in relation to mining tenement interests under that Act; and the Petroleum Act 1923 , sections 124A and 124B in relation to 1923 Act petroleum interests under that Act; and the Petroleum and Gas (Production and Safety) Act 2004 , sections 30AA and 30AB in relation to petroleum interests under that Act. The amount of such compensation may be agreed upon between the constructing authority and the claimant subject, however, to the consent of any mortgagee of the land taken. Failing such agreement every such claim may be enforced against the constructing authority concerned under, subject to and in accordance with this Act and that constructing authority shall be liable accordingly. Despite subsection (5) , a person does not obtain a right to claim compensation under this Act in relation to an interest in land that is an interest under a services contract for the land. Subject to section 11 , publication of a gazette resumption notice is evidence that the following provisions have been complied with— for land taken under division 3 in accordance with a resumption agreement—that division; otherwise— sections 7 , 8 and 9 . Forthwith after the publication of the gazette resumption notice taking any land or of a gazette notice amending the same, the constructing authority shall serve upon every person who to its knowledge is entitled pursuant to section 18 to claim compensation or is a mortgagee of the land a copy of the notice. The omission to serve upon any person such a copy shall not prejudice or affect in any way the operation and effect of the notice in question. In this section— services contract , for land, means a contract merely for the provision of services on, to, or in relation to, the land, but does not include a contract for the provision of services under which a person has a right to reside on any part of the land. a contract for the provision of a cleaning or maintenance service on premises s 12 amd 1969 No. 33 s 4 ; 1986 No. 26 s 4 sch ; 1997 No. 28 s 295 sch 3 ; 1998 No. 48 s 17 sch ; 1999 No. 44 s 2 sch ; 2003 No. 6 s 119 ; 2005 No. 67 s 8 ; 2007 No. 19 s 5 ; 2009 No. 5 s 8 ; 2012 No. 20 s 6 ; 2013 No. 23 s 27 ; 2019 No. 7 s 313 s ch 1 pt 2 (sec.12-ssec.1) Subject to subsection (4) , land taken by a gazette resumption notice— shall vest, according as the notice prescribes, in the Crown or in the constructing authority which requires the land on and from the date of the publication in the gazette of the notice; or if it is taken by the Crown on behalf of a corporation representing the Crown in right of the State or constituted by any Act shall vest in the corporation requiring the land if the notice so prescribes and in such case, where the corporation is not a constructing authority, the provisions of section 41 shall apply as if the corporation were a constructing authority. (sec.12-ssec.2A) Where land taken vests in a constructing authority or, if the gazette resumption notice so prescribes, in a corporation it shall so vest and be held by the constructing authority or corporation for the estate or interest therein of which the land taken consists and, where the estate or interest is such that provision is made by the Land Title Act 1994 for its registration, upon application by the constructing authority or corporation and production of a gazette copy of the gazette resumption notice and payment of the prescribed fees, the registrar of titles shall register the constructing authority or corporation accordingly. (sec.12-ssec.3) Where the land taken is part of land subject to a building units plan registered under the Building Units and Group Titles Act 1980 the registrar of titles shall, upon payment of the prescribed fees, do and execute all such acts, matters and things as the registrar of titles considers necessary to amend the building units plan, and may make all such recordings as the registrar of titles considers necessary in the appropriate register. (sec.12-ssec.3A) If land taken is scheme land for a community titles scheme under the Body Corporate and Community Management Act 1997 , the registrar of titles must, on payment of the prescribed fee, take the necessary action— to register a plan of survey identifying the remaining scheme land; and to record the taking of the land in the freehold land register; and to record a new community management statement for the scheme. (sec.12-ssec.4) Land granted by the Crown upon trust for a public purpose, or land comprised in a lease held under the Land Act 1994 , shall upon and by virtue of the taking thereof become unallocated State land. (sec.12-ssec.4A) Land mentioned in subsection (4) may, having regard to the purpose for which it was taken— be dedicated, under the Land Act 1994 , as a reserve under the trusteeship of the constructing authority; or be dedicated, under the Land Act 1994 or this Act, as a road; or be granted or leased, under the Land Act 1994 , to the constructing authority; or be dealt with under another Act. (sec.12-ssec.4B) The constructing authority that takes the land mentioned in subsection (4) may also deal with the land for the purpose for which it is taken on and from the day it is taken, even though the land is yet to be dedicated, granted, leased or otherwise dealt with under subsection (4A) . (sec.12-ssec.5) On and from the date of the publication of the gazette resumption notice the land thereby taken shall be vested or become unallocated State land as provided by the foregoing provisions of this section absolutely freed and discharged from all trusts, obligations, mortgages, charges, rates, contracts, claims, estates, or interest of what kind soever, or if an easement only is taken, such easement shall be vested in the constructing authority or, where the gazette resumption notice prescribes, in the corporation requiring the easement, and the estate and interest of every person entitled to the whole or any part of the land shall thereby be converted into a right to claim compensation under this Act and every person whose estate and interest in the land is injuriously affected by the easement shall have a right to claim compensation under this Act. See, however— the Geothermal Energy Act 2010 , sections 350A and 350B in relation to geothermal interests under that Act; and the Greenhouse Gas Storage Act 2009 , sections 369A and 369B in relation to GHG interests under that Act; and the Mineral Resources Act 1989 , sections 10AAA and 10AAB in relation to mining tenement interests under that Act; and the Petroleum Act 1923 , sections 124A and 124B in relation to 1923 Act petroleum interests under that Act; and the Petroleum and Gas (Production and Safety) Act 2004 , sections 30AA and 30AB in relation to petroleum interests under that Act. (sec.12-ssec.5A) The amount of such compensation may be agreed upon between the constructing authority and the claimant subject, however, to the consent of any mortgagee of the land taken. (sec.12-ssec.5B) Failing such agreement every such claim may be enforced against the constructing authority concerned under, subject to and in accordance with this Act and that constructing authority shall be liable accordingly. (sec.12-ssec.5C) Despite subsection (5) , a person does not obtain a right to claim compensation under this Act in relation to an interest in land that is an interest under a services contract for the land. (sec.12-ssec.6) Subject to section 11 , publication of a gazette resumption notice is evidence that the following provisions have been complied with— for land taken under division 3 in accordance with a resumption agreement—that division; otherwise— sections 7 , 8 and 9 . (sec.12-ssec.7) Forthwith after the publication of the gazette resumption notice taking any land or of a gazette notice amending the same, the constructing authority shall serve upon every person who to its knowledge is entitled pursuant to section 18 to claim compensation or is a mortgagee of the land a copy of the notice. (sec.12-ssec.8) The omission to serve upon any person such a copy shall not prejudice or affect in any way the operation and effect of the notice in question. (sec.12-ssec.9) In this section— services contract , for land, means a contract merely for the provision of services on, to, or in relation to, the land, but does not include a contract for the provision of services under which a person has a right to reside on any part of the land. a contract for the provision of a cleaning or maintenance service on premises - (a) shall vest, according as the notice prescribes, in the Crown or in the constructing authority which requires the land on and from the date of the publication in the gazette of the notice; or - (b) if it is taken by the Crown on behalf of a corporation representing the Crown in right of the State or constituted by any Act shall vest in the corporation requiring the land if the notice so prescribes and in such case, where the corporation is not a constructing authority, the provisions of section 41 shall apply as if the corporation were a constructing authority. - (a) to register a plan of survey identifying the remaining scheme land; and - (b) to record the taking of the land in the freehold land register; and - (c) to record a new community management statement for the scheme. - (a) be dedicated, under the Land Act 1994 , as a reserve under the trusteeship of the constructing authority; or - (b) be dedicated, under the Land Act 1994 or this Act, as a road; or - (c) be granted or leased, under the Land Act 1994 , to the constructing authority; or - (d) be dealt with under another Act. - (a) the Geothermal Energy Act 2010 , sections 350A and 350B in relation to geothermal interests under that Act; and - (b) the Greenhouse Gas Storage Act 2009 , sections 369A and 369B in relation to GHG interests under that Act; and - (c) the Mineral Resources Act 1989 , sections 10AAA and 10AAB in relation to mining tenement interests under that Act; and - (d) the Petroleum Act 1923 , sections 124A and 124B in relation to 1923 Act petroleum interests under that Act; and - (e) the Petroleum and Gas (Production and Safety) Act 2004 , sections 30AA and 30AB in relation to petroleum interests under that Act. - (a) for land taken under division 3 in accordance with a resumption agreement—that division; - (b) otherwise— sections 7 , 8 and 9 .