QLDIn ForceAct
Queensland Reconstruction Authority Act 2011
sec.99Authority’s power to take land
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### sec.99 Authority’s power to take land
The authority may, as provided under this section, take land for any of the following purposes—
to carry out authorised works;
to implement a development scheme for a declared project or a reconstruction area;
to carry out a reconstruction function of the authority;
to comply with section 100 (3) .
The Acquisition of Land Act 1967 (the ALA ) applies for taking land under subsection (1) and paying compensation for the land taken as if—
the taking were a taking under the ALA by a constructing authority; and
the constructing authority were the authority; and
the reference in the ALA , section 5 (1) (c) to the taking of land for a purpose stated in the schedule to that Act were a reference to the taking of land for a purpose mentioned in subsection (1) ; and
the reference in the ALA to the relevant Minister were a reference to the Minister administering this Act.
For applying the process for taking land and paying compensation, the ALA applies with all other necessary changes.
The power to take land under this section for a purpose (the primary purpose ) includes power to take land at any time, either for the primary purpose or for any purpose incidental to the carrying out of the primary purpose.
This section does not limit the power of a constructing authority under the ALA to take land under that Act.
To remove any doubt, it is declared that the taking of land under this section is not a taking of land under the ALA , even though the process for taking the land and paying compensation for the land is the process stated in that Act.
s 99 amd 2013 No. 23 s 352 sch 1 pt 1 ; 2019 No. 11 s 214
(sec.99-ssec.1) The authority may, as provided under this section, take land for any of the following purposes— to carry out authorised works; to implement a development scheme for a declared project or a reconstruction area; to carry out a reconstruction function of the authority; to comply with section 100 (3) .
(sec.99-ssec.2) The Acquisition of Land Act 1967 (the ALA ) applies for taking land under subsection (1) and paying compensation for the land taken as if— the taking were a taking under the ALA by a constructing authority; and the constructing authority were the authority; and the reference in the ALA , section 5 (1) (c) to the taking of land for a purpose stated in the schedule to that Act were a reference to the taking of land for a purpose mentioned in subsection (1) ; and the reference in the ALA to the relevant Minister were a reference to the Minister administering this Act.
(sec.99-ssec.3) For applying the process for taking land and paying compensation, the ALA applies with all other necessary changes.
(sec.99-ssec.4) The power to take land under this section for a purpose (the primary purpose ) includes power to take land at any time, either for the primary purpose or for any purpose incidental to the carrying out of the primary purpose.
(sec.99-ssec.5) This section does not limit the power of a constructing authority under the ALA to take land under that Act.
(sec.99-ssec.6) To remove any doubt, it is declared that the taking of land under this section is not a taking of land under the ALA , even though the process for taking the land and paying compensation for the land is the process stated in that Act.
- (a) to carry out authorised works;
- (b) to implement a development scheme for a declared project or a reconstruction area;
- (c) to carry out a reconstruction function of the authority;
- (d) to comply with section 100 (3) .
- (a) the taking were a taking under the ALA by a constructing authority; and
- (b) the constructing authority were the authority; and
- (c) the reference in the ALA , section 5 (1) (c) to the taking of land for a purpose stated in the schedule to that Act were a reference to the taking of land for a purpose mentioned in subsection (1) ; and
- (d) the reference in the ALA to the relevant Minister were a reference to the Minister administering this Act.