QLDIn ForceAct
Transport Infrastructure Act 1994
sec.247Chief executive taken to be owner of rail corridor land and non-rail corridor land for particular circumstances under Planning Act
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### sec.247 Chief executive taken to be owner of rail corridor land and non-rail corridor land for particular circumstances under Planning Act
This section applies if—
the planning Minister or a local government proposes to make, amend, extend the duration of or repeal a designation of premises under the Planning Act , chapter 2 , part 5 and the premises is, or includes, rail corridor land or non-rail corridor land; or
an application made under the Planning Act —
relates to rail corridor land or non-rail corridor land; and
must, under that Act, be accompanied by evidence of the consent of the owner of the premises to which the application relates, to the making of the application; or
an application made under the Planning Act relates to rail corridor land or non-rail corridor land, or premises that adjoin that land, and the applicant must, under that Act, give notice of the application to—
the owner of the premises to which the application relates; or
the owner of premises adjoining the premises to which the application relates.
For the purposes of the Planning Act , the chief executive is taken to be the owner of the land that is rail corridor land or non-rail corridor land.
s 247 ins 2002 No. 71 s 11
sub 2007 No. 6 s 22
amd 2009 No. 36 s 872 sch 2 ; 2010 No. 19 s 281 sch ; 2011 No. 12 s 45 ; 2012 No. 34 s 125 ; 2016 No. 27 s 568
(sec.247-ssec.1) This section applies if— the planning Minister or a local government proposes to make, amend, extend the duration of or repeal a designation of premises under the Planning Act , chapter 2 , part 5 and the premises is, or includes, rail corridor land or non-rail corridor land; or an application made under the Planning Act — relates to rail corridor land or non-rail corridor land; and must, under that Act, be accompanied by evidence of the consent of the owner of the premises to which the application relates, to the making of the application; or an application made under the Planning Act relates to rail corridor land or non-rail corridor land, or premises that adjoin that land, and the applicant must, under that Act, give notice of the application to— the owner of the premises to which the application relates; or the owner of premises adjoining the premises to which the application relates.
(sec.247-ssec.2) For the purposes of the Planning Act , the chief executive is taken to be the owner of the land that is rail corridor land or non-rail corridor land.
- (a) the planning Minister or a local government proposes to make, amend, extend the duration of or repeal a designation of premises under the Planning Act , chapter 2 , part 5 and the premises is, or includes, rail corridor land or non-rail corridor land; or
- (b) an application made under the Planning Act — (i) relates to rail corridor land or non-rail corridor land; and (ii) must, under that Act, be accompanied by evidence of the consent of the owner of the premises to which the application relates, to the making of the application; or
- (i) relates to rail corridor land or non-rail corridor land; and
- (ii) must, under that Act, be accompanied by evidence of the consent of the owner of the premises to which the application relates, to the making of the application; or
- (c) an application made under the Planning Act relates to rail corridor land or non-rail corridor land, or premises that adjoin that land, and the applicant must, under that Act, give notice of the application to— (i) the owner of the premises to which the application relates; or (ii) the owner of premises adjoining the premises to which the application relates.
- (i) the owner of the premises to which the application relates; or
- (ii) the owner of premises adjoining the premises to which the application relates.
- (i) relates to rail corridor land or non-rail corridor land; and
- (ii) must, under that Act, be accompanied by evidence of the consent of the owner of the premises to which the application relates, to the making of the application; or
- (i) the owner of the premises to which the application relates; or
- (ii) the owner of premises adjoining the premises to which the application relates.