QLDIn ForceAct
Acquisition of Land Act 1967
sec.4BTaking non-native title right or interest that is a resource interest
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### sec.4B Taking non-native title right or interest that is a resource interest
This section applies to the taking of a non-native title right or interest if—
it is a taking to which section 4A applies; and
the right or interest is a resource interest.
The entity taking the resource interest must give the relevant chief executive for the resource interest a written notice that—
states the details of the extinguishment of the resource interest; and
asks for the extinguishment to be recorded in the appropriate register kept by the chief executive; and
is accompanied by a certified copy of the gazette resumption notice mentioned in section 4A (3) .
Compensation to be paid under the compulsory acquisition Act in relation to the taking of the resource interest is limited in the way provided for in the resource compensation provision for the resource interest.
If the resource interest is a mining tenement interest under the Mineral Resources Act 1989 , on an application of section 10AAD of that Act, allowance can not be made for the value of minerals known or supposed to be on or below the surface of, or mined from, the land the subject of the mining tenement interest.
In this section—
relevant chief executive , for a resource interest, means the chief executive of the department administering the resource interest compensation provision for the resource interest.
s 4B ins 2014 No. 29 s 4
(sec.4B-ssec.1) This section applies to the taking of a non-native title right or interest if— it is a taking to which section 4A applies; and the right or interest is a resource interest.
(sec.4B-ssec.2) The entity taking the resource interest must give the relevant chief executive for the resource interest a written notice that— states the details of the extinguishment of the resource interest; and asks for the extinguishment to be recorded in the appropriate register kept by the chief executive; and is accompanied by a certified copy of the gazette resumption notice mentioned in section 4A (3) .
(sec.4B-ssec.3) Compensation to be paid under the compulsory acquisition Act in relation to the taking of the resource interest is limited in the way provided for in the resource compensation provision for the resource interest. If the resource interest is a mining tenement interest under the Mineral Resources Act 1989 , on an application of section 10AAD of that Act, allowance can not be made for the value of minerals known or supposed to be on or below the surface of, or mined from, the land the subject of the mining tenement interest.
(sec.4B-ssec.4) In this section— relevant chief executive , for a resource interest, means the chief executive of the department administering the resource interest compensation provision for the resource interest.
- (a) it is a taking to which section 4A applies; and
- (b) the right or interest is a resource interest.
- (a) states the details of the extinguishment of the resource interest; and
- (b) asks for the extinguishment to be recorded in the appropriate register kept by the chief executive; and
- (c) is accompanied by a certified copy of the gazette resumption notice mentioned in section 4A (3) .