QLDIn ForceAct
South-East Queensland Water (Distribution and Retail Restructuring) Act 2009
sec.74Provisions for distributor-retailer becoming constructing authority
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### sec.74 Provisions for distributor-retailer becoming constructing authority
This section applies if under section 73 , a distributor-retailer becomes the constructing authority for the taking of land instead of a local government.
The local government must give the distributor-retailer the documents relating to the taking.
Despite the Acquisition of Land Act , section 12 (1) the land taken under a gazette resumption notice under that Act vests in the distributor-retailer.
The distributor-retailer—
has for the taking the same powers and obligations under the Acquisition of Land Act as the local government; and
does not represent the State for section 12 of that Act.
The right under the Acquisition of Land Act of a person who was served with a notice to take or who entered into an agreement to take the land does not change.
A reference to the local government in a document relating to the taking is, if the context permits, taken to be a reference to the distributor-retailer.
Without limiting subsection (6) , if the local government was taking the land under an agreement to take—
a reference in the agreement to the local government is taken to be a reference to the distributor-retailer; and
the agreement gives rise to the same rights and liabilities as would have arisen if the local government were a party to the agreement.
(sec.74-ssec.1) This section applies if under section 73 , a distributor-retailer becomes the constructing authority for the taking of land instead of a local government.
(sec.74-ssec.2) The local government must give the distributor-retailer the documents relating to the taking.
(sec.74-ssec.3) Despite the Acquisition of Land Act , section 12 (1) the land taken under a gazette resumption notice under that Act vests in the distributor-retailer.
(sec.74-ssec.4) The distributor-retailer— has for the taking the same powers and obligations under the Acquisition of Land Act as the local government; and does not represent the State for section 12 of that Act.
(sec.74-ssec.5) The right under the Acquisition of Land Act of a person who was served with a notice to take or who entered into an agreement to take the land does not change.
(sec.74-ssec.6) A reference to the local government in a document relating to the taking is, if the context permits, taken to be a reference to the distributor-retailer.
(sec.74-ssec.7) Without limiting subsection (6) , if the local government was taking the land under an agreement to take— a reference in the agreement to the local government is taken to be a reference to the distributor-retailer; and the agreement gives rise to the same rights and liabilities as would have arisen if the local government were a party to the agreement.
- (a) has for the taking the same powers and obligations under the Acquisition of Land Act as the local government; and
- (b) does not represent the State for section 12 of that Act.
- (a) a reference in the agreement to the local government is taken to be a reference to the distributor-retailer; and
- (b) the agreement gives rise to the same rights and liabilities as would have arisen if the local government were a party to the agreement.