sec.116Authority to take land

### sec.116 Authority to take land The Minister may, by gazette notice, authorise an electricity entity to take land for works, including proposed works. The Minister must consider the objects of this Act when authorising an electricity entity under subsection (1) . The authority must state— the electricity entity to which it is given; and whether it applies to any land or only to particular land; and whether it applies to any works or only to particular works; and the period of the authority. The authority may— state the conditions or restrictions to which it is subject; and make provision about the effect of breaches of the conditions or restrictions or the continuation or suspension of the authority. On the commencement of this subsection, each of the following electricity entities is taken to be authorised, under subsection (1) , to take any land for any works, including proposed works, for the period starting on the commencement and ending on the revocation of the authorisation under subsection (7) — Energex Limited ACN 078 849 055; Ergon Energy Distribution; QETC. The process for the taking of land and the payment of compensation for taking land under the Acquisition of Land Act 1967 , part 2 , divisions 2 and 3 , and parts 3 and 4 , applies to an authorised electricity entity acting under an authority given, or taken to be given, under subsection (1) as if— it were a constructing authority; and land mentioned in the Act included land held from the State for a lesser interest than freehold; and the purposes for which land may be taken for the entity included— building works, including for example, relocating property for the works and lessening adverse environmental effects; and any other public purpose within the meaning of the Land Act 1994 related to works. Also, the Acquisition of Land Act 1967 , sections 36 and 37 apply in relation to the taking of land under subsection (4) as if the authorised electricity entity were exercising its power to take land, as a constructing authority, under that Act. The Land Act 1994 , section 218 applies to an authorised electricity entity as if it were a constructing authority. An authorised electricity entity acting under an authority given, or taken to be given, under subsection (1) may take land under the authority even if another entity may derive a benefit from any action taken on the land after it is taken. A regulation may make provision about the taking of land by or for an authorised electricity entity. To remove any doubt, it is declared that the Minister may, by gazette notice, amend or revoke an authorisation mentioned in subsection (3A) . Also, to remove any doubt, it is declared that the taking of land under an authority granted under this section is not a taking of land under the Acquisition of Land Act 1967 . In this section— authorised electricity entity means an entity authorised, or taken to be authorised, under subsection (1) , to take land. s 116 amd 1997 No. 77 s 36 ; 2003 No. 28 s 8 ; 2014 No. 48 s 52 ; 2024 No. 33 s 4 (sec.116-ssec.1) The Minister may, by gazette notice, authorise an electricity entity to take land for works, including proposed works. (sec.116-ssec.1A) The Minister must consider the objects of this Act when authorising an electricity entity under subsection (1) . (sec.116-ssec.2) The authority must state— the electricity entity to which it is given; and whether it applies to any land or only to particular land; and whether it applies to any works or only to particular works; and the period of the authority. (sec.116-ssec.3) The authority may— state the conditions or restrictions to which it is subject; and make provision about the effect of breaches of the conditions or restrictions or the continuation or suspension of the authority. (sec.116-ssec.3A) On the commencement of this subsection, each of the following electricity entities is taken to be authorised, under subsection (1) , to take any land for any works, including proposed works, for the period starting on the commencement and ending on the revocation of the authorisation under subsection (7) — Energex Limited ACN 078 849 055; Ergon Energy Distribution; QETC. (sec.116-ssec.4) The process for the taking of land and the payment of compensation for taking land under the Acquisition of Land Act 1967 , part 2 , divisions 2 and 3 , and parts 3 and 4 , applies to an authorised electricity entity acting under an authority given, or taken to be given, under subsection (1) as if— it were a constructing authority; and land mentioned in the Act included land held from the State for a lesser interest than freehold; and the purposes for which land may be taken for the entity included— building works, including for example, relocating property for the works and lessening adverse environmental effects; and any other public purpose within the meaning of the Land Act 1994 related to works. (sec.116-ssec.4A) Also, the Acquisition of Land Act 1967 , sections 36 and 37 apply in relation to the taking of land under subsection (4) as if the authorised electricity entity were exercising its power to take land, as a constructing authority, under that Act. (sec.116-ssec.5) The Land Act 1994 , section 218 applies to an authorised electricity entity as if it were a constructing authority. (sec.116-ssec.5A) An authorised electricity entity acting under an authority given, or taken to be given, under subsection (1) may take land under the authority even if another entity may derive a benefit from any action taken on the land after it is taken. (sec.116-ssec.6) A regulation may make provision about the taking of land by or for an authorised electricity entity. (sec.116-ssec.7) To remove any doubt, it is declared that the Minister may, by gazette notice, amend or revoke an authorisation mentioned in subsection (3A) . (sec.116-ssec.7A) Also, to remove any doubt, it is declared that the taking of land under an authority granted under this section is not a taking of land under the Acquisition of Land Act 1967 . (sec.116-ssec.8) In this section— authorised electricity entity means an entity authorised, or taken to be authorised, under subsection (1) , to take land. - (a) the electricity entity to which it is given; and - (b) whether it applies to any land or only to particular land; and - (c) whether it applies to any works or only to particular works; and - (d) the period of the authority. - (a) state the conditions or restrictions to which it is subject; and - (b) make provision about the effect of breaches of the conditions or restrictions or the continuation or suspension of the authority. - (a) Energex Limited ACN 078 849 055; - (b) Ergon Energy Distribution; - (c) QETC. - (a) it were a constructing authority; and - (b) land mentioned in the Act included land held from the State for a lesser interest than freehold; and - (c) the purposes for which land may be taken for the entity included— (i) building works, including for example, relocating property for the works and lessening adverse environmental effects; and (ii) any other public purpose within the meaning of the Land Act 1994 related to works. - (i) building works, including for example, relocating property for the works and lessening adverse environmental effects; and - (ii) any other public purpose within the meaning of the Land Act 1994 related to works. - (i) building works, including for example, relocating property for the works and lessening adverse environmental effects; and - (ii) any other public purpose within the meaning of the Land Act 1994 related to works.