QLDIn ForceAct
Planning Act 2016
sec.263FNotice of intention to dispose of land that is not required
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### sec.263F Notice of intention to dispose of land that is not required
This section applies in relation to land taken under section 263A if, within 7 years after the day the land is taken—
the land is no longer required by the public sector entity that holds the land; and
the public sector entity intends to dispose of the land.
The public sector entity must, by notice, advise the previous owner of the land that the entity intends to offer the land to the previous owner.
The notice must state—
the previous owner must, within 28 days after the day the notice is given, give a notice to the public sector entity stating whether or not the previous owner is interested in buying the land; and
the public sector entity may dispose of the land to another person if—
the public sector entity does not receive a notice under paragraph (a) ; or
the notice under paragraph (a) states the previous owner is not interested in buying the land; and
if the public sector entity has taken an easement under subsection (4) —the nature and terms of the easement.
Before giving a notice under subsection (2) , the public sector entity may take an easement over all or part of the land to ensure the structural and operational integrity of any development infrastructure on the land.
This section applies despite the Acquisition Act , section 41 .
s 263F ins 2024 No. 13 s 43
(sec.263F-ssec.1) This section applies in relation to land taken under section 263A if, within 7 years after the day the land is taken— the land is no longer required by the public sector entity that holds the land; and the public sector entity intends to dispose of the land.
(sec.263F-ssec.2) The public sector entity must, by notice, advise the previous owner of the land that the entity intends to offer the land to the previous owner.
(sec.263F-ssec.3) The notice must state— the previous owner must, within 28 days after the day the notice is given, give a notice to the public sector entity stating whether or not the previous owner is interested in buying the land; and the public sector entity may dispose of the land to another person if— the public sector entity does not receive a notice under paragraph (a) ; or the notice under paragraph (a) states the previous owner is not interested in buying the land; and if the public sector entity has taken an easement under subsection (4) —the nature and terms of the easement.
(sec.263F-ssec.4) Before giving a notice under subsection (2) , the public sector entity may take an easement over all or part of the land to ensure the structural and operational integrity of any development infrastructure on the land.
(sec.263F-ssec.5) This section applies despite the Acquisition Act , section 41 .
- (a) the land is no longer required by the public sector entity that holds the land; and
- (b) the public sector entity intends to dispose of the land.
- (a) the previous owner must, within 28 days after the day the notice is given, give a notice to the public sector entity stating whether or not the previous owner is interested in buying the land; and
- (b) the public sector entity may dispose of the land to another person if— (i) the public sector entity does not receive a notice under paragraph (a) ; or (ii) the notice under paragraph (a) states the previous owner is not interested in buying the land; and
- (i) the public sector entity does not receive a notice under paragraph (a) ; or
- (ii) the notice under paragraph (a) states the previous owner is not interested in buying the land; and
- (c) if the public sector entity has taken an easement under subsection (4) —the nature and terms of the easement.
- (i) the public sector entity does not receive a notice under paragraph (a) ; or
- (ii) the notice under paragraph (a) states the previous owner is not interested in buying the land; and