sec.4ATaking non-native title right or interest

### sec.4A Taking non-native title right or interest This section applies to the taking of a non-native title right or interest if— the taking happens under a compulsory acquisition Act; and the taking under the compulsory acquisition Act— is authorised under the Native Title (Queensland) Act 1993 , section 144 (1) (b) ; or is authorised under the compulsory acquisition Act but happens at the same time as the taking under that Act of native title rights and interests as authorised under the Native Title (Queensland) Act 1993 , section 144 (1) (a) . The compulsory acquisition Act, including to the extent appropriate this Act, must be applied to the taking of the non-native title right or interest to the greatest practicable extent as if the right or interest were land to which the compulsory acquisition Act otherwise applies. However, when the taking has effect, despite any compulsory acquisition Act, including any other provision of this Act, the right or interest is completely extinguished to the extent it relates to land stated in the gazette resumption notice for the taking. Without limiting subsection (1) , taking that happens under a compulsory acquisition Act includes taking under a compulsory acquisition Act other than this Act if either of the following applies— the compulsory acquisition Act authorises a constructing authority to take land under this Act; the compulsory acquisition Act authorises a constructing authority to take land under that Act but requires provisions of this Act to be applied to any aspect of the taking. In this section— gazette resumption notice , for the taking of a right or interest, includes any instrument giving effect to the taking. s 4A ins 2014 No. 29 s 4 (sec.4A-ssec.1) This section applies to the taking of a non-native title right or interest if— the taking happens under a compulsory acquisition Act; and the taking under the compulsory acquisition Act— is authorised under the Native Title (Queensland) Act 1993 , section 144 (1) (b) ; or is authorised under the compulsory acquisition Act but happens at the same time as the taking under that Act of native title rights and interests as authorised under the Native Title (Queensland) Act 1993 , section 144 (1) (a) . (sec.4A-ssec.2) The compulsory acquisition Act, including to the extent appropriate this Act, must be applied to the taking of the non-native title right or interest to the greatest practicable extent as if the right or interest were land to which the compulsory acquisition Act otherwise applies. (sec.4A-ssec.3) However, when the taking has effect, despite any compulsory acquisition Act, including any other provision of this Act, the right or interest is completely extinguished to the extent it relates to land stated in the gazette resumption notice for the taking. (sec.4A-ssec.4) Without limiting subsection (1) , taking that happens under a compulsory acquisition Act includes taking under a compulsory acquisition Act other than this Act if either of the following applies— the compulsory acquisition Act authorises a constructing authority to take land under this Act; the compulsory acquisition Act authorises a constructing authority to take land under that Act but requires provisions of this Act to be applied to any aspect of the taking. (sec.4A-ssec.5) In this section— gazette resumption notice , for the taking of a right or interest, includes any instrument giving effect to the taking. - (a) the taking happens under a compulsory acquisition Act; and - (b) the taking under the compulsory acquisition Act— (i) is authorised under the Native Title (Queensland) Act 1993 , section 144 (1) (b) ; or (ii) is authorised under the compulsory acquisition Act but happens at the same time as the taking under that Act of native title rights and interests as authorised under the Native Title (Queensland) Act 1993 , section 144 (1) (a) . - (i) is authorised under the Native Title (Queensland) Act 1993 , section 144 (1) (b) ; or - (ii) is authorised under the compulsory acquisition Act but happens at the same time as the taking under that Act of native title rights and interests as authorised under the Native Title (Queensland) Act 1993 , section 144 (1) (a) . - (i) is authorised under the Native Title (Queensland) Act 1993 , section 144 (1) (b) ; or - (ii) is authorised under the compulsory acquisition Act but happens at the same time as the taking under that Act of native title rights and interests as authorised under the Native Title (Queensland) Act 1993 , section 144 (1) (a) . - (a) the compulsory acquisition Act authorises a constructing authority to take land under this Act; - (b) the compulsory acquisition Act authorises a constructing authority to take land under that Act but requires provisions of this Act to be applied to any aspect of the taking.