QLDIn ForceAct
South-East Queensland Water (Distribution and Retail Restructuring) Act 2009
sec.92DMProvisions for withdrawn council becoming constructing authority
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### sec.92DM Provisions for withdrawn council becoming constructing authority
This section applies if under section 92DL , a withdrawn council becomes the constructing authority for the taking of land instead of Allconnex.
Allconnex must give the withdrawn council the documents relating to the taking.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Acquisition of Land Act , section 12 (1) , the land taken under a gazette resumption notice under that Act vests in the withdrawn council.
The withdrawn council—
has for the taking the same functions and obligations under the Acquisition of Land Act as Allconnex; and
does not represent the State for section 12 of that Act.
The rights under the Acquisition of Land Act of a person served with a notice of intention to resume or who entered into an agreement to take the land do not change.
A reference to Allconnex in a document relating to the taking is, if the context permits, taken to be a reference to the withdrawn council.
Without limiting subsection (6) , if Allconnex is taking the land under an agreement to take—
a reference in the agreement to Allconnex is taken to be a reference to the withdrawn council; and
the agreement gives rise to the same rights and liabilities that would have arisen if Allconnex were still a party to the agreement.
s 92DM ins 2012 No. 1 s 23
(sec.92DM-ssec.1) This section applies if under section 92DL , a withdrawn council becomes the constructing authority for the taking of land instead of Allconnex.
(sec.92DM-ssec.2) Allconnex must give the withdrawn council the documents relating to the taking.
(sec.92DM-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Acquisition of Land Act , section 12 (1) , the land taken under a gazette resumption notice under that Act vests in the withdrawn council.
(sec.92DM-ssec.4) The withdrawn council— has for the taking the same functions and obligations under the Acquisition of Land Act as Allconnex; and does not represent the State for section 12 of that Act.
(sec.92DM-ssec.5) The rights under the Acquisition of Land Act of a person served with a notice of intention to resume or who entered into an agreement to take the land do not change.
(sec.92DM-ssec.6) A reference to Allconnex in a document relating to the taking is, if the context permits, taken to be a reference to the withdrawn council.
(sec.92DM-ssec.7) Without limiting subsection (6) , if Allconnex is taking the land under an agreement to take— a reference in the agreement to Allconnex is taken to be a reference to the withdrawn council; and the agreement gives rise to the same rights and liabilities that would have arisen if Allconnex were still a party to the agreement.
- (a) has for the taking the same functions and obligations under the Acquisition of Land Act as Allconnex; and
- (b) does not represent the State for section 12 of that Act.
- (a) a reference in the agreement to Allconnex is taken to be a reference to the withdrawn council; and
- (b) the agreement gives rise to the same rights and liabilities that would have arisen if Allconnex were still a party to the agreement.