QLDIn ForceAct
State Development and Public Works Organisation Act 1971
sec.153AHRequirements about taking land for private infrastructure facility
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### sec.153AH Requirements about taking land for private infrastructure facility
The Coordinator-General must not take land for a private infrastructure facility under section 125 (1) (f) unless satisfied—
the proponent has complied with section 153AE for the land; and
the project will proceed within reasonable time frames; and
if native title exists in relation to the land, the proponent has taken reasonable steps to enter into an indigenous land use agreement for the land.
The Coordinator-General is not required to take land under section 125 (1) (f) that is—
in a State development area; or
owned by the State or a local body.
Subsection (4) applies if—
a project is approved as a private infrastructure facility; and
the proponent of the project has agreed with the registered owner of land on which the facility is proposed to be located to purchase the land; and
the Coordinator-General is satisfied that it is appropriate for the Coordinator-General to take the land under section 125 (1) (f) because statutory restrictions affect the ability of the proponent to complete the project in a timely way.
restrictions under the Land Act 1994 , section 175 on subdividing particular leases
The Coordinator-General may take the land under section 125 (1) (f) if the proponent and the registered owner agree, in writing, to the taking of the land by the Coordinator-General.
s 153AH ins 2012 No. 43 s 314
(sec.153AH-ssec.1) The Coordinator-General must not take land for a private infrastructure facility under section 125 (1) (f) unless satisfied— the proponent has complied with section 153AE for the land; and the project will proceed within reasonable time frames; and if native title exists in relation to the land, the proponent has taken reasonable steps to enter into an indigenous land use agreement for the land.
(sec.153AH-ssec.2) The Coordinator-General is not required to take land under section 125 (1) (f) that is— in a State development area; or owned by the State or a local body.
(sec.153AH-ssec.3) Subsection (4) applies if— a project is approved as a private infrastructure facility; and the proponent of the project has agreed with the registered owner of land on which the facility is proposed to be located to purchase the land; and the Coordinator-General is satisfied that it is appropriate for the Coordinator-General to take the land under section 125 (1) (f) because statutory restrictions affect the ability of the proponent to complete the project in a timely way. restrictions under the Land Act 1994 , section 175 on subdividing particular leases
(sec.153AH-ssec.4) The Coordinator-General may take the land under section 125 (1) (f) if the proponent and the registered owner agree, in writing, to the taking of the land by the Coordinator-General.
- (a) the proponent has complied with section 153AE for the land; and
- (b) the project will proceed within reasonable time frames; and
- (c) if native title exists in relation to the land, the proponent has taken reasonable steps to enter into an indigenous land use agreement for the land.
- (a) in a State development area; or
- (b) owned by the State or a local body.
- (a) a project is approved as a private infrastructure facility; and
- (b) the proponent of the project has agreed with the registered owner of land on which the facility is proposed to be located to purchase the land; and
- (c) the Coordinator-General is satisfied that it is appropriate for the Coordinator-General to take the land under section 125 (1) (f) because statutory restrictions affect the ability of the proponent to complete the project in a timely way.