QLDIn ForceAct
Acquisition of Land Act 1967
sec.44Validating and transitional provisions for the Acquisition of Land Amendment Act 1999
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### sec.44 Validating and transitional provisions for the Acquisition of Land Amendment Act 1999
This section applies if—
for the taking of land, a constructing authority made an application for the taking of the land under section 9(4) or section 15(3A) before the commencement of this section; and
the application was not accompanied by a copy of a plan of survey mentioned in section 9(4)(b) or section 15(3B) but was accompanied by a plan sufficient to substantially identify the land; and
the land was taken.
The constructing authority is taken to have complied with section 9(4)(b) or section 15(3B).
The taking of the land is and always was valid whether or not the action required of the Governor in Council to consider the application under section 9(6) or section 15 was followed.
In this Act a reference to a gazette resumption notice includes, if the context permits, a reference to—
for a constructing authority—a proclamation published in the gazette under section 9(6) or 15(6)(a); or
for Brisbane City Council or an approved local government—a notification published in the gazette under section 10(2) or 15(6)(b).
A reference to a section in subsections (2), (3) and (4) is a reference to the section as it was before the commencement of the Acquisition of Land Amendment Act 1999 .
s 44 ins 1999 No. 44 s 6
(sec.44-ssec.1) This section applies if— for the taking of land, a constructing authority made an application for the taking of the land under section 9(4) or section 15(3A) before the commencement of this section; and the application was not accompanied by a copy of a plan of survey mentioned in section 9(4)(b) or section 15(3B) but was accompanied by a plan sufficient to substantially identify the land; and the land was taken.
(sec.44-ssec.2) The constructing authority is taken to have complied with section 9(4)(b) or section 15(3B).
(sec.44-ssec.3) The taking of the land is and always was valid whether or not the action required of the Governor in Council to consider the application under section 9(6) or section 15 was followed.
(sec.44-ssec.4) In this Act a reference to a gazette resumption notice includes, if the context permits, a reference to— for a constructing authority—a proclamation published in the gazette under section 9(6) or 15(6)(a); or for Brisbane City Council or an approved local government—a notification published in the gazette under section 10(2) or 15(6)(b).
(sec.44-ssec.5) A reference to a section in subsections (2), (3) and (4) is a reference to the section as it was before the commencement of the Acquisition of Land Amendment Act 1999 .
- (a) for the taking of land, a constructing authority made an application for the taking of the land under section 9(4) or section 15(3A) before the commencement of this section; and
- (b) the application was not accompanied by a copy of a plan of survey mentioned in section 9(4)(b) or section 15(3B) but was accompanied by a plan sufficient to substantially identify the land; and
- (c) the land was taken.
- (a) for a constructing authority—a proclamation published in the gazette under section 9(6) or 15(6)(a); or
- (b) for Brisbane City Council or an approved local government—a notification published in the gazette under section 10(2) or 15(6)(b).