QLDIn ForceAct
City of Brisbane Act 2010
sec.73Acquiring land for use as a footpath
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### sec.73 Acquiring land for use as a footpath
The council may acquire land that adjoins a road for use as a footpath.
The acquisition of land may be subject to a reservation, in favour of the owner of the land, of any of the following rights that the council decides (at or before the acquisition) is appropriate—
a right to the ownership, possession, occupation and use of any existing structure, room or cellar—
at a specified height above the level of the new footpath; or
at a specified depth below the level of the new footpath;
a right—
to erect a structure (in accordance with law) at a specified height above the new footpath; and
to the ownership, possession, occupation and use of the structure;
a right of support for a structure mentioned in paragraph (a) or (b) .
The right mentioned in subsection (2) (a) is subject to the council’s right to enter, and make structural alterations to, the structure, room or cellar that the council considers necessary.
(sec.73-ssec.1) The council may acquire land that adjoins a road for use as a footpath.
(sec.73-ssec.2) The acquisition of land may be subject to a reservation, in favour of the owner of the land, of any of the following rights that the council decides (at or before the acquisition) is appropriate— a right to the ownership, possession, occupation and use of any existing structure, room or cellar— at a specified height above the level of the new footpath; or at a specified depth below the level of the new footpath; a right— to erect a structure (in accordance with law) at a specified height above the new footpath; and to the ownership, possession, occupation and use of the structure; a right of support for a structure mentioned in paragraph (a) or (b) .
(sec.73-ssec.3) The right mentioned in subsection (2) (a) is subject to the council’s right to enter, and make structural alterations to, the structure, room or cellar that the council considers necessary.
- (a) a right to the ownership, possession, occupation and use of any existing structure, room or cellar— (i) at a specified height above the level of the new footpath; or (ii) at a specified depth below the level of the new footpath;
- (i) at a specified height above the level of the new footpath; or
- (ii) at a specified depth below the level of the new footpath;
- (b) a right— (i) to erect a structure (in accordance with law) at a specified height above the new footpath; and (ii) to the ownership, possession, occupation and use of the structure;
- (i) to erect a structure (in accordance with law) at a specified height above the new footpath; and
- (ii) to the ownership, possession, occupation and use of the structure;
- (c) a right of support for a structure mentioned in paragraph (a) or (b) .
- (i) at a specified height above the level of the new footpath; or
- (ii) at a specified depth below the level of the new footpath;
- (i) to erect a structure (in accordance with law) at a specified height above the new footpath; and
- (ii) to the ownership, possession, occupation and use of the structure;