QLDIn ForceAct
City of Brisbane Act 2010
sec.71What is to happen if a realignment is not carried out
Start here
Get a plain-English read of sec.71
Turn the raw legal text into a practical explanation grounded in City of Brisbane Act 2010.
### sec.71 What is to happen if a realignment is not carried out
This section applies if the council decides not to proceed with the realignment of a road or part of a road after giving a notice of intention to acquire land.
This section does not apply to a realignment of road that is necessary to comply with the requirements of the council under a planning scheme in its application to particular developments in Brisbane.
The council must serve notice of its decision not to proceed on all owners of land who were served with a notice of intention to acquire land in connection with that road or part of that road.
With regard to any of the notices of intention to acquire land that were lodged with the registrar of titles in connection with that road or part of that road, the council must—
for any notice of intention to acquire land that has not been registered—withdraw the notice of intention to acquire land; and
for any notice of intention to acquire land that has been registered—lodge with the registrar of titles for registration a notice of its decision not to proceed with the realignment of the road, or part of the road.
The notice of the council’s decision must inform the owners in general terms of this section and section 72 .
(sec.71-ssec.1) This section applies if the council decides not to proceed with the realignment of a road or part of a road after giving a notice of intention to acquire land.
(sec.71-ssec.2) This section does not apply to a realignment of road that is necessary to comply with the requirements of the council under a planning scheme in its application to particular developments in Brisbane.
(sec.71-ssec.3) The council must serve notice of its decision not to proceed on all owners of land who were served with a notice of intention to acquire land in connection with that road or part of that road.
(sec.71-ssec.4) With regard to any of the notices of intention to acquire land that were lodged with the registrar of titles in connection with that road or part of that road, the council must— for any notice of intention to acquire land that has not been registered—withdraw the notice of intention to acquire land; and for any notice of intention to acquire land that has been registered—lodge with the registrar of titles for registration a notice of its decision not to proceed with the realignment of the road, or part of the road.
(sec.71-ssec.5) The notice of the council’s decision must inform the owners in general terms of this section and section 72 .
- (a) for any notice of intention to acquire land that has not been registered—withdraw the notice of intention to acquire land; and
- (b) for any notice of intention to acquire land that has been registered—lodge with the registrar of titles for registration a notice of its decision not to proceed with the realignment of the road, or part of the road.