QLDIn ForceAct
Queensland Reconstruction Authority Act 2011
sec.105Application of provisions of the State Development Act about entry to land
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### sec.105 Application of provisions of the State Development Act about entry to land
An authorised person may, to undertake authorised works, exercise a power stated in the State Development Act , section 136 (1) (a) to (f) in relation to land.
For subsection (1) , the State Development Act , section 136 (1) (f) applies as if—
the reference in that paragraph to the Coordinator-General were a reference to the authority; and
the reference in that paragraph to officers or employees were a reference to authorised persons.
The State Development Act , section 136 (2) to (4) applies to the exercise of a power mentioned in subsection (1) as if—
the reference in section 136 (4) of that Act to the Coordinator-General were a reference to the authority; and
the reference in section 136 (4) of that Act to ‘or his or her delegate’ were omitted.
Also, the State Development Act , section 139 (1) , (2) , (3) and (5) applies to the exercise of a power mentioned in subsection (1) as if—
the references in the subsections to section 136 included a reference to section 136 as applied under this section; and
the reference in section 139 (5) of that Act to the Coordinator-General were a reference to the authority.
The authority may, by notice in writing given to an appropriately qualified person, authorise the person to exercise a power under the State Development Act , section 136 (1) (a) to (f) as applied under this section.
In exercising or attempting to exercise a power mentioned in subsection (1) at a place, the authorised person must take all reasonable steps to ensure the authorised person causes as little inconvenience to any person at the place, and does as little damage, as is practicable in the circumstances.
In this section—
appropriately qualified , for the exercise of a power, means having the qualifications, experience or standing appropriate to exercise the power.
a person’s classification or level in a department
land does not include a part of a place where a person resides.
(sec.105-ssec.1) An authorised person may, to undertake authorised works, exercise a power stated in the State Development Act , section 136 (1) (a) to (f) in relation to land.
(sec.105-ssec.2) For subsection (1) , the State Development Act , section 136 (1) (f) applies as if— the reference in that paragraph to the Coordinator-General were a reference to the authority; and the reference in that paragraph to officers or employees were a reference to authorised persons.
(sec.105-ssec.3) The State Development Act , section 136 (2) to (4) applies to the exercise of a power mentioned in subsection (1) as if— the reference in section 136 (4) of that Act to the Coordinator-General were a reference to the authority; and the reference in section 136 (4) of that Act to ‘or his or her delegate’ were omitted.
(sec.105-ssec.4) Also, the State Development Act , section 139 (1) , (2) , (3) and (5) applies to the exercise of a power mentioned in subsection (1) as if— the references in the subsections to section 136 included a reference to section 136 as applied under this section; and the reference in section 139 (5) of that Act to the Coordinator-General were a reference to the authority.
(sec.105-ssec.5) The authority may, by notice in writing given to an appropriately qualified person, authorise the person to exercise a power under the State Development Act , section 136 (1) (a) to (f) as applied under this section.
(sec.105-ssec.6) In exercising or attempting to exercise a power mentioned in subsection (1) at a place, the authorised person must take all reasonable steps to ensure the authorised person causes as little inconvenience to any person at the place, and does as little damage, as is practicable in the circumstances.
(sec.105-ssec.7) In this section— appropriately qualified , for the exercise of a power, means having the qualifications, experience or standing appropriate to exercise the power. a person’s classification or level in a department land does not include a part of a place where a person resides.
- (a) the reference in that paragraph to the Coordinator-General were a reference to the authority; and
- (b) the reference in that paragraph to officers or employees were a reference to authorised persons.
- (a) the reference in section 136 (4) of that Act to the Coordinator-General were a reference to the authority; and
- (b) the reference in section 136 (4) of that Act to ‘or his or her delegate’ were omitted.
- (a) the references in the subsections to section 136 included a reference to section 136 as applied under this section; and
- (b) the reference in section 139 (5) of that Act to the Coordinator-General were a reference to the authority.