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©State of Queensland

QUEENSLAND

ACQUISITION OF LAND ACT 1967-1977[Reprinted as at 1 August, 1981)

1be Acquisition of Land Act of 1967, No. 48

As amended byAcquisition of Land Act Amendment Act 1969, No. 33City of Brisbane Town PI8DDiDg Act and Another Act Amendment Aet

1977, No. 22 Part mPart DI commenced 2 December 1978 (prac. puW. Gaz. 2 December 1978. p

1581).

An Act to Consolidate and Amend the Law Relating to the Acquisftionof Land for Public Works and other Public Purposes, and for otherpurposes

[AsSENTED TO 22 DECEMBER, 1967]

BE IT ENACTED by the Queen's Most Excellent Majesty, by and withthe advice and ~onsent of the Legislative Assembly of Queensland inParliament assembled, and by the authority of the same, as follows:-

PART I-PRELIMINARY

1. (1) Short title. This Act may be cited as "The AcquisitionofLand Act of 1967."

(2) Commencement. This Act shall come into force on a date to befixed by the Governor in Council by Proclamation published in theGazette.

Commenced 23 March 1968 (Prac. pubd. Gaz. 23 March 1968, p. 1206).Collective title conferred by Act of 1977, No. 22, s. 26.

2. Parts of Act. This Act is divided into Parts and Schedules asfollows:-

PART I-PRELIMINARY (ss. 1-4);PART II-TAKING OF LAND (ss. 5-15);PART III-DISCONTINUANCE OF TAKING OF LAND (ss. 16-17);PART IV-COMPENSATION (ss. 18-35);PART V-GENERAL (ss. 36-42);FIRST SCHEDULE;

SECOND SCHEDULE.

2 I. 3 ACQUISITION OF LAND ACf 1967-1977

3. (1) Repeals. The Acts set out in Part I of the First Scheduleto this Act are repealed to the extent indicated in that Part.

(2) Amendments. The Acts set out in Part II of the First Scheduleto this Act are amended to the extent indicated in that Part.

(3) Savings. (a) Without derogating from the operation of " TheActs Interpretation Acts, 1954 to 1962," where proceedings for takingany land begun before the date of the commencement of this Act are notcompleted before that date, such of the provisions of any of the Actsrepealed or amended by this Act as applied with respect to the takingof such land when proceedings to take it began shall continue to applywith respect to the taking of such land as if this Act had not come intoforce.

For the purposes of this paragraph (a) proceedings for taking anyland include proceedings in respect of compensation:

Provided that no right or claim to compensation in respect of anytaking of land to which this paragraph (a) applies shall become or beabsolutely barred by reason of the provisions of subsection (2) of sectioneighteen, section twenty-one or sub~ection (2) of section twenty-three of" The Public Works Land Resumption Acts, 1906 to 1955," or the provisionsof sections seventeen or twenty of " The City of Brisbane ImprovementActs, 1916 to 1953," or the provisions of subparagraph (g) ofparagraph (vii) of subsection (2) of section twenty-two of "The StateHousing Acts, 1945 to 1966," or the provisions of paragraph (i) ofsubsection (7) of section 8B of" The State Development and Public WorksOrganisation Acts, 1938 to 1964," or the provisions of sections fifty-five,fifty-eight or sixty of " The Railways Acts, 1914 to 1965 ":

Provided further that if the claimant has not referred the matter ofthe compensation to the Land Court within one year after the land hasbeen taken, such matter may be so referred at any time thereafter by eitherthe claimant or the constructing authority and, in the case of a referenceby the constructing fluthority, the Land Court may make all such ordersand give all such directions as it deems necessary or expedient to ensurethe due hearing and determination of the reference.

(b) Nothing in paragraph (a) of this subsection shall revive anyright or claim to compensation which at the date of the commencementof this Act was absolutely barred by reason of the provisions ofsubsection (2) of section eighteen, section twenty-one or subsection (2)of section twenty-three of " The Public Works Land Resumption Acts,1906 to 1955," or the provisions of sections seventeen or twentyof "The City of Brisbane Improvement Acts, 1916 to 1953," or theprovisions of subparagraph (g) of paragraph (vii) of subsection (2) ofsection twenty-two of " The State Housing Acts, 1945 to 1966," or theprovisions of paragraph (i) of subsection (7) of section 8B of " The StateDevelopment and Public Works Organisation Acts, 1938 to 1964," or theprovisions of sections fifty-five, fifty-eight or sixty of "The Rai/waysActs, 1914 to 1965."

(c) The provisions of paragraph (b) of this subsection shall beconstrued so as not to prejudice or affect in any way the right of the

ACQUIsmON OF LAND ACf 1967-1977 •. 4,5 3

constructing authority concerned to make at its discretion payment ofcompensation in respect of any claim referred to in that paragraph, itbeing hereby declared that the making ofsuch a payment bya constructingauthority is and always was lawful.

4. Meaning of terms. In this Act, unless the context otherwiseindicates or requires, the following terms shall have the meaningsrespectively assigned to them, that is to say:-

"Constructing authority "-The Crown or any person or localauthority authorised by this Act or any other Act (and whetheranother Act passed before, on or after the commencementof this Act) to take land for any purpose;

" Land "-Land which is for the time being granted in fee-simpleby the Crown:

The term includes any estate or interest in land so granted:The term does not include land being purchased pursuant

to Part VII of " The Land Acts, 1962 to 1967 ";" Local authority "-The term includes Brisbane City Councilor

a joint local authority;" Minister "-The Minister for Lands or other Minister for the

time being administering this Act:The term includes any Minister performing temporarily

the duties of the Minister administering this Act;" Part "-Part of this Act;" Registrar of Titles "-The -term includes the Deputy Registrars

of Titles for the Central District and Northern Districtrespectively under and within the meaning of "The RealProperty (Local Registries) Act of 1887."

PART II-TAKING OF LAND

S. Purposes for which land may be taken. (1) Land may be takenunder and subject to this Act-

(a) Where the constructing authority is the Crown, for any purposeset out in the Second Schedule to this Act;

(b) Where the constructing authority is a local authority-(i) for any purpose set out in the Second Schedule to this Act

which the local authority may lawfully carry out; or(ii) for any purpose, including any function of local government,

which the local authority is authorised or required by aprovision of an Act other than this Act to carrj- out; or

(c) In the case of a constructing authority other than the Crownor a local authority-

(i) for any purpose set out in the Second Schedule to this Actwhich that constructing authority may lawfully carry out; or

(ii) for any purpose which that constructing authority isauthorised or required, by a provision of an Act other thanthis Act, to carry out.

11032-B

4 ss.6, 7 ACQUISITION OF LAND ACT 1967-1977

(2) The power to take, under and subject to this Act, land for apurpose (in this subsection called the "primary purpose ") includespower to take from time to time as required land either for the primarypurpose or for any purpose incidental to the carrying out of the primarypurpose.

(3) The Governor in Council, pursuant to any of his powers under" The Land Acts, 1962 to 1967," to resume land, at the request of aconstructing authority other than the CroWD, may take on its behalfany land comprised in a holding or any easement on a holding withinthe meaning of Division XI of Part X of those Acts required by suchconstructing authority for a purpose for which it may take under andsubject to this Act land or an easement on land granted in fee-simple.

6. Easements. (1) When for any purpose it is not necessary thatthe constructing authority should take the whole estate in any land, butit is sufficient for such purpose to take an easement, the constructingauthority may take such easement only and for that purpose the provisionsof this Act shall apply as if the easement were Jand.

(2) Upon application iil that behalf, payment of the prescribed fees,and the production to him of the Gazette copy of the Proclamation,or, in the case of Brisbane City Council, Notification of Resumption,whereby an easement is taken affecting land under ,~ The Real PropertyActs, 1861 to 1963," the Registrar of Titles shall register such easementas prescribed by those Acts, notwithstanding that such easement is notbeing annexed to or used and enjoyed together with any other land.

7. Notice of intention to t.ate laad. (1) A constructing authoritywhich proposes to take any land shall serve as prescribed by this sectionthe notice (in this Act called a "notice of intention to resume ")prescribed by this section.

(2) A notice of intention to resume shall be served upon any andevery person who to the knowledge of the constructing authority-

(a) will be entitled to claim compensation under this Act in respectof the taking of the land concerned; or

(b) is a mortgag.ee of the land.

(3) A notice of intention to resume shall be in writing and shall(a) specify the particular purpose for which the land to be taken

is required; .{b) state the description of the land to be taken which description-

(i) if the land is described as a separate Jot or parcel in a planof survey registered in the office of the Registrar of Titles ordeposited in the office of the Surveyor-General, shall bethat description; or

(ii) if the land is not described as met:ttioned in subparagr~ph(i)of this paragraph, may be made In any manner suffiCIent tosubstantially identify the land;

(c) in the case of an easement, also state the rights and obligationsto be conferred and imposed by the easement;

ACQUISITION OF LAND .ACT 1967-1977 s.7 5

(d) state that the person to whom the notice is directed may,on or before the date specified in the notice (being a datenot less than thirty days after the date of the notice), serveupon the constructing authority at the address set out in thenotice an objection in writing to the taking of the land;

(e) in relation to the objection mentioned in paragraph (d) of thissubsection, set out-

(i) that the objection must state the grounds of the objectionand the facts and circumstances relied on by the objector insupport of those grounds;

(ii) that any matter pertaining to the amount or payment ofcompensation is not a ground of objection;

(iii) that an objector who states in his objection that he desiresto be heard in support of the grounds of his objection mayappear and be heard by the constructing authority or itsdelegate at the time and place specified in the notice;

(f) state that the constructing authority is willing to negotiate toacquire by agreement or, failing agreement, to treat as tothe compensation to be paid and all consequential matters.

(4) (a) Where a notice of intention to resume relates to land under"The Real Property Acts, 1861 to 1963," the constructing authorityshall file a copy of the notice with the Registrar of Titles.

(b) If the constructing authority amends or discontinues theresumption it shall forthwith file with the Registrar of Titles a notice ofthe amendment or discontinuance.

For the purpose of this paragraph (b), notwithstanding that aconstructing authority has not served notice under section sixteen of thisAct, it shall be deemed to discontinue a resumption if the applicationprescribed by subsection (3) of section nine of this Act has not been madewithin the time prescribed by that subsection or, in the case of BrisbaneCity Council, if the Notification of Resumption has not been publishedin the Gazette within twelve months after the date of the notice of intentionto resume.

(5) The failure by the constructing authority to serve upon theowner a notice of intention to resume, where such failure is due tocircumstances beyond the control of the constructing authority, or thefailure of the constructing authority to serve upon any person other thanthe owner a notice of intention to resume, or the failure of the constructingauthority to observe paragraph (a) of subsection (4) of this section, shallnot prejudice any Proclamation or, in the case of Brisbane City Council,Notification of Resumption made under this Act, with respect to anyland, and any land included in any such Proclamation or Notificationshall be taken in terms of the Proclamation or Notification concernednotwithstanding any such failure, and the failure by the constructingauthority to serve upon any person entitled thereto any notice asprescribed by this Act shall not invalidate the continuance ordiscontinuance of any resumption.

6 ss.8, 9 ACQUISITION OF LAND ACf 1967-1977

In this subsection the term "owner" means, in the case of landunder " The Real Property Acts, 1861 to 1963," the person registered asthe proprietor in fee-simple at the date of the notice of intention toresume.

8. Dealing with objections. (1) A person entitled to be served witha notice of intention to resume land who has objected as prescribed to thetaking shall not be entitled to be heard in support of the grounds of hisobjection unless he stated in his objection that he desired to be so heardand appears, in person or by counsel, solicitor or agent, at the time andplace specified in the notice.

(2) The constructing authority shall consider the grounds of objectionto the taking of any land and-

(a) if the 'objector has been heard by the constructing authority,the matters put forward by him in support of such grounds; or

(b) if the objector has been heard by the delegate of the constructingauthority, the report thereon of such delegate.

If upon such consideration, the constructing authority is of opinionthat the resumption should be discontinued or that the notice of intentionto resume should be amended, the constructing authority may discontinuethe resumption or amend the notice of intention to resume:

Provided that a notice of intention to resume shall not be amendedso as to include therein land additional to the land the subject thereof.

(3) Without the consent in writing of the owner Brisbane CityCouncil shall not take any land for the purpose of park or recreationgrounds unless such land is, under the Town Plan for the City of Brisbanein force for the time being under the City of Brisbane Town PlanningAct 1964-1977, included in a zone referred to in the Second Scheduleto that Act.

An owner who, at the time when any land to which this subsectionapplies is taken by Brisbane City Council, has an unsatisfied claimfor compensation for injurious affection as prescribed by the City ofBrisbane Town Planning Act 1964-1977 shall in respect of the takingofthe land be entitled to compensation as if the land were not so injuriouslyaffected.

As amended by Act of 1977, No. 22, s. 28.

9. Means by which land to be taken other than by Brisbane CityCouncilor an approved Local Authority. (1) This section does not applywith respect to the taking of land by Brisbane City Councilor an approvedLocal Authority.

(2) In and for the purposes of this section " Minister " means-(a) in the case of land to be taken fora purpose of " The State

De~elopment and Public Works Organisation Acts, 1938 to1964," the Minister for the time being administering thoseActs;

ACQUISITION OF LAND ACf 1967-1977 s.9 7

(b) in the case of land to be taken for a purpose of " The MainRoads Acts, 1920 to 1965," the Minister for the time beingadministering those Acts;

(c) where the Governor in Council (who is hereby thereuntoauthorized) by Order in Council has so declared in the case ofland to be taken for a purpose of any other Act, the Ministerfor the time being administering the Act in question; and

(d) in any other case the Minister for the time being administeringthis Act.

(3) If within the time stated in the notice of intention to resume noobjection is made or if, after due consideration of all objections, theconstructing authority is of opinion that the land in question is requiredfor the purpose for which it is proposed to be taken, the constructingauthority may apply to the Minister that the land be taken as prescribedby this section.

Such application shall be made within twelve months after the dateof the notice of intention to resume and not thereafter.

(4) Such application shall contain or be accompanied by-

(a) a copy of the relevant notice of intention to resume and ofany further notice amending the same served under sectionseven of this Act;

(b) where the land is not described in the notice of intention toresume as mentioned in subparagraph (i) of paragraph (b) ofsubsection (3) of section seven of this Act, a copy of a planof survey of the land certified as accurate by an authorisedsurveyor;

(c) a list of the names and addresses last known to the constructingauthority ofall persons who to the knowledge of the constructingauthority are entitled pursuant to section eighteen of this Actto claim compensation;

(d) a statement as to those of the persons mentioned in paragraph(c) of this subsection who have not been served with the noticeof intention to resume and, a further statement setting outin relation to every such person, the manner in which suchservice was attempted and the reasons for failure to effect it;

(e) a statement whether or not any person objected in terms of thenotice of intention to resume and, in the case of such anobjection or objections, the name or names of the objector orobjectors, a copy of every objection, and a report by theconstructing authority thereon.

(5) The Minister may require any constructing authority to furnishhim, within a time specified by him, such further particulars andinformation as he deems fit with respect to an application under thissection.

8 s.10 ACQUISITION OF LAND ACf 1967-1977

(6) The Governor in Council shall consider every application madeto the Minister under this section, including all statements anddocuments or copies of documents accompanying the application and,if satisfied-

(a) that the land in question or any part thereof may be lawfullytaken for the purpose for which it is proposed to be takenand should be so taken; and

(b) that the constructing authority has done and taken reasonablethings and steps for the purpose of complying with therequirements of sections seven and eight of this Act and,where the notice of intention to resume has not been servedupon the owner as defined in subsection (5) of section sevenof this Act, that such failure was due to circumstances beyondthe control of the constructing authority,

the Governor in Council may, by Proclamation published in the Gazette,declare that the land in question or, as the case may be, such part,particulars whereof shall be contained in or annexed to the Proclamation,is taken for the purpose therein mentioned as from the date of thepublication in the Gazette of the Proclamation.


10. Means by which land to be taken by Brisbane City Councilor anapproved Local Authority. (1) (a) If within the time stated in the noticeof intention to resume no objection is made or if, after due consideration ofall objections, Brisbane City Council is of opinion that the land inquestion is required for the purpose for which it is proposed to be taken,Brisbane City Council may resolve accordingly and apply for the approvalof the Governor in Council to the taking by it of the land.

(b) Such application shall be made to the Minister and shall be inwriting under the seal of Brisbane City Council and shall contain or beaccompanied by a copy of the resolution and by the statements, documentsand copies of documents prescribed by subsection (4) of section nine ofthis Act.

The Minister may require Brisbane City Council to furnish him,within a time specified by him, such further particulars and informationas he deems fit with respect to the application;

(c) If upon consideration of the application, including all statements,and documents or copies of documents accompanying the application,the Governor in Council is satisfied as prescribed by subsection (6) ofsection nine of this Act, the Governor in Council by Order in Councilmay approve that Brisbane City Council take the land in question.

(2) Subject to the approval of the Governor in Council by Order inCouncil Brisbane City Council, by notification published in the Gazette,shall declare that the land in question, particulars whereof shall becontained in or annexed to the notification, is taken by Brisbane CityCouncil for the particular purpose mentioned in the notification as fromthe date of the publication in the Gazette of the notification.

ACQUISITION OF LAND ACf 1967-1977 s.11 9

A notification referred to in this subsection is in this Act called a" Notification of Resumption."

(3) Where the land in question is not described in the notice ofintention to resume as mentioned in subparagraph (i) of paragraph (b)of subsection (3) of section seven of this Act, the particulars of the landin question which are contained in or annexed to the Notification ofResumption shall be in accordance with a plan of survey of such landcertified as correct by an authorised surveyor.

(4) A Notification of Resumption may be published in the Gazettewithin twelve months after the date of the notice of intention to resumebut shall not be published thereafter.

(5) The Governor in Council by Order in Council may approve thata Local Authority other than Brisbane City Council may take land asprescribed by this section or by section fifteen of this ;Act.

During the continuance in force of such an Order in Council theLocal Authority named therein, in this subsection and in subsection (1)of section nine and in subsection (3) of section fifteen of this Act referredto as "an approved Local Authority," may take as prescribed by thissection Of, as the case requires, by section fifteen of this Act any landwhich may be lawfully taken by it.

For the purpose of giving effect to such an Order in Council theprovisions, other than subsection (3) of section eight, of this Act shall beread and construed with and subject to all necessary modificationsincluding by reading and construing any reference therein to BrisbaneCity Council as a reference to the approved Local Authority in question.


11. Correction of errors, &c., in Proclamation or Notification ofResumption. (1) Where it is found that the Proclamation or Notificationof Resumption, in this subsection called the" first Proclamation" or, asthe case requires, "the first Notification ", incorrectly describes the landpurporting to be taken thereby or that any other error in form or substanceexists in relation to such taking, the Governor in Council, by a subsequentProclamation published in the Gazette, or Brisbane City Council by asubsequtnt Notification published in the Gazette, may amend the firstProclamation or, as the case may be, the first Notification.

(2) If amended by a subsequent Proclamation or Notification madepursuant to this section, the first Proclamation or, as the case may be,the first Notification shall, on and from the date of the publication ill

the Gazette of the subsequent Proclamation or Notification, be read asone with the subsequent Proclamation or Notification and shall haveforce and effect accordingly.

(3) The power to amend by a subsequent Proclamation or Notificationincludes power to so amend from time to time, including power by anysubsequent Proclamation or Notification to amend the first Proclamationor the first Notification as theretofore amended by any other Proclamationor Notification:

10 5.12 ACQUISITION OF LAND ACf 1967-1977

Provided that-

(a) no person shall be prejudiced in respect of any mortgage,charge, claim, estate, or interest existing in respect of the land,by reason of his having, in consequence of the first Proclamationor the first Notification or any subsequent Proclamation orNotification, done or omitted to do any act or thing, or failedto enforce or act upon any right, or to comply with anyobligation in respect of such mortgage, charge, claim, estateor interest;

(b) no person shall have any right of action or claim against theconstructing authority for anything bona fide done under thefirst Proclamation or the first Notification or any subsequentProclamation or Notification;

(c) nothing in this section contained shall limit the power of theconstructing authority to take at any subsequent time the wholeor any part of the land mentioned Of described in anyProclamation Of, in the case of Brisbane City Council,Notification of Resumption so amended;

(d) any amendment of the first Proclamation or first Notificationshall not prejudice or affect the power of the constructingauthority to take any land which has been excluded from thefirst Proclamation or first Notification by reason of theamendment;

(e) if the constructing authority again takes land which has beenexcluded from the first Proclamation or first Notificationby reason of the amendment, compensation shall not bepayable in respect of the value of any works or improvementswhich have been made or effected on the land by the constructingauthority subsequent to the date of publication in the Gazetteof the first Proclamation or first Notification.

12. Effect of Proclamation or Notification of Resumption. (I) Subjectto subsection (4) of this section-

(a) land taken by Proclamation-(i) shall vest, according as the Proclamation prescribes,

in the Crown or in the constructing authority whichrequires the land on and from the date of thepublication in the Gazette of the Proclamation; or

(ii) if it is taken by the Crown on behalf of a corporationrepresenting the Crown in right of the State or constitutedby any Act shall vest in the corporation requiring the landif the Proclamation so prescribes and in such case, wherethe corporation is not a constructing authority, the provisionsofsection forty-one of this Act shall apply as if the corporationwere a constructing authority;

(b) land taken by Notification of Resumption shall vest in BrisbaneCity Council on and from the date of the publication in theGazette of the Notification of Resumption.

ACQUISITION OF LAND ACT 1967-1977 5.12 11

(2) Where land taken consists of the whole estate in fee-simpleand vests in the Crown it shall be and remain Crown land until it is,according to the purpose for which it is taken, dealt with as prescribedby an Act other than this Act.

Where land taken vests in a constructing authority (including theCrown where the land consists of an estate or interest less than the wholeestate in fee-simple) or, where the Proclamation so prescribes, ina corporation it shall so vest and be held by the constructing authorityor corporation for the estate or interest therein of which the land takenconsists and, where the estate or interest is such that provision is madeby "The Real Property Acts, 1861 to 1963" for its registration, uponapplication by the constructing authority or corporation and productionof a Gazette copy of the Proclamation or, in the case of Brisbane CityCouncil, the Notification of Resumption and payment of the prescribedfees, the Registrar of Titles shall register the constructing authority orcorporation accordingly.

Where such application is in respect of the whole estate in fee-simple(a) in land not under " The Real Property Acts, 1861 to 1963"

it shall contain a request for the issue of a certificate of titlefor the land;

(b) in land under "The Real Property Acts, 1861 to 1963" it maycontain a request for the issue of a certificate of title for theland,

and upon payment of the prescribed fees the Registrar of Titles shallissue to the constructing authority or corporation a certificate of titleaccordingly.

(3) Where the land taken is part of land subject to a building unitsplan registered under "The Building Units Titles Act of 1965" the Registrarof Titles shall, upon payment of the prescribed fees, do and executeall such acts, matters and things as he considers necessary to amendthe building units plan, and may make all such entries, notings andendorsements as he considers necessary in the appropriate Register Book.

(4) Land granted by the Crown upon trust for a public purposeshall upon and by virtue of the taking thereof become Crown land andmay, according to the purpose for which it was taken, be granted upontrust to, or set apart and placed under the control of, the constructingauthority, including Brisbane City Council, as trustee, or may bededicated to public use.

(5) On and from the date of the publication in the Gazette ofthe Proclamation or, in the case of Brisbane City Council, the date ofthe publication in the Gazette of the Notification of Resumption the landthereby taken shall be vested or become Crown land as provided by theforegoing provisions of this section absolutely freed and discharged fromall trusts, obligations, mortgages, charges, rates, contracts, claims,estates, or interest of what kind soever, or if an easement only is taken,such easement shall be vested in the constructing authority or,where the Proclamation so prescribes, in the corporation requiring theeasement; and the estate and interest of every person entitled to thewhole or any part of the land shall thereby be converted into a right


to claim compensation under this Act and every person whose estateand interest in the land is injuriously affected by the easement shall havea right to claim compensation under this Act.

The amount of such compensation may be agreed upon between theconstructing authority and the claimant subject, however, to the consentof any mortgagee of the land taken. Failing such agreement every suchclaim may be enforced against the constructing authority concernedunder, subject to and in accordance with this Act and that constructingauthority shall be liable accordingly.

(6) Subject to section eleven of this Act, publication in the Gazetteof the Proclamation or, in the case of Brisbane City Council, Notificationof Resumption shall be evidence, and in the absence ofevidence in rebuttal,conclusive evidence that-

(a) in the case of land taken pursuant to an agreement in writingwithin the purview of section fifteen of this Act, the provisionsof that section have been complied with;

(b) in any other case, the provisions of sections seven, eight andnine or, as the case may be, seven, eight and ten of this Acthave been complied with.

(7) Forthwith after the publication in the Gazette of theProclamation or Notification of Resumption taking any land or of asubsequent Proclamation or Notification amending the same, theconstructing authority or, as the case may be, Brisbane City Councilshall serve upon every person who to its knowledge is entitled pursuant tosection eighteen of this Act to claim compensation or is a mortgageeof the land a copy of the Proclamation or Notification.

The omission to serve upon any person such a copy shall not prejudiceor affect in any way the operation and effect of the Proclamation orNotification in question.


13. Owner may require small parcel of severed land to be taken.(1) If a constructing authority proposes to take part of any land andthe taking of such part will leave a parcel which, the constructing authorityand the owner of the land required to be taken agree in writing, will byreason of its small size or shape be of no practical use or value to theowner of such land, the constructing authority shall take the whole of theland.

(2) If, by reason of the fact that a boundary of land proposed tobe taken (in this subsection called the "primary land ") will sever theprincipal building erected on· the land from which the primary landwill be severed and of the circumstances of the case relevant thereto,it appears to the Governor in Council that it is desirable that theconstructing authority should take additional land approved by him(in this subsection called the " additional land ") being the whole or partof the land from which the primary land will be severed the additional

ACQ"UISITION OF LAND ACf 1967-1977 ss.14, 15 13

land may be taken as prescribed by this Act and the taking of theadditional land shall be deemed to be for a purpose incidental to thecarrying out of the purpose for which the primary land is to be taken.

(3) A constructing authority may sell or otherwise deal withadditional land taken by it pursuant to subsection (1) or (2) of this sectionin such manner as it thinks fit and the power hereby conferred shall notbe subject to the provisions of any other Act which purport to restrictor regulate the exercise by the constructing authority of its power to sellor otherwise deal with land or to the provisions of section forty-oneof this Act.

As amended by Act of 1969, No. 33, s. ~.

14. Dealing with title to land affected by resumption. (1) The Registrarof Titles may, by notice in writing, require a person who has in hispossession, custody or control any instrument evidencing the title to theland taken by the constructing authority named in such notice, to deliverup to him, within the time specified in such notice, the instrument inquestion.

(2) A person thereunto required by a notice under subsection (I)of this section, who fails to deliver up to the Registrar of Titles theinstrument specified in the notice within the time therein specified shallbe guilty of an offence and liable to a penalty of one hundred dollars.

Notwithstanding that such person has not been proceeded againstfor such offence, unless such failure is due to circumstances beyond hiscontrol, he shall not be entitled to receive compensation or to be paidany advance or, in the case of a mortgagee, to be made any paymentunder this Act until the instrument in question is delivered to the Registrarof Titles.

(3) The costs and expenses in connection with the registration andissue of documents rendered necessary by the taking of the land shall beborne by the constructing authority.

Such costs and expenses may be taxed by the proper officer of theSupreme Court under the rules of that Court.

15. Taking by agreement. (I) Where a constructing authorityhas lawfully agreed in writing to take as prescribed by this Act any landfor a purpose for which it may take the same the constructing authoritymay take the land under and in accordance with this section.

Save as is otherwise expressly provided in this section the provisionsof sections seven, eight, nine and ten (other than subsection (5) thereof)of this Act shall not apply with respect to a taking of land under this'section.

This subsection shall not be construed to limit the power of aconstructing authority to acquire by purchase or otherwise any landotherwise than as prescribed by this Act.

14 s.15 ACQUISITION OF LAND ACf 1967-1977

An agreement which purports or is properly to be construed to passany interest in land to a constructing authority or to prejudice the rightofany person to use, enjoy or dispose ofhis land shall not be an agreementwithin the purview of this subsection.

(2) In any such agreement the parties-(a) may agree upon the amount of compensation; or(b) may agree that the amount of compensation be determined

by the Land Court in which case the compensation shall,upon the reference of either party, be determined by the LandCourt as at the date on which the land is taken.

If the amount of compensation is agreed upon it may be furtheragreed that the constructing authority will grant any easement, rightof way, right of occupation or any other right, privilege or concession in,upon, over or under any land under its control in satisfaction or partsatisfaction ofsuch amount and such a grant shall satisfy the amount of thecompensation to the extent so agreed upon.

(3) This subsection does not apply with respect to the taking ofland by Brisbane City Councilor an approved Local Authority.

A constructing authority entitled to take land under this sectionmay apply to the Minister that the land be taken as prescribed by thissection.

Such an application may be made wi thin twelve months after thedate of the agreement and not thereafter and shall be accompanied byby the agreement and, where the land to be taken is not described inthe agreement as mentioned in subparagraph (i) of paragraph (b) ofsubsection (3) of section seven of this Act, by a copy of a plan of surveyof the land to be taken certified as accurate by an &uthorized surveyor.

In and for th~ purposes of this subsection "Minister" has themeaning assigned to that term in and for the purposes of section nine ofthis Act.

(4) Where Brisbane City Council is entitled to take land underthis section it may apply to the Minister for the approval of the Governorin Council to the taking by it of the land.

Such an application shall be in writing under the seal of BrisbaneCity Council and shall be accompanied by the agreement and, wherethe land to be taken is not described in the agreement as mentioned insubparagraph (i) of paragraph (b) of subsection (3) of section seve~ ofthis Act, by a copy of a plan of survey of the land to be taken certIfiedas accurate by an authorized surveyor and by a copy of the resolutionof Brisbane City Council to take the land.

(5) With respect to an application made to him undersubsection (3) or (4) of this section the Minister may require theconstructing authority to furnish him, within a time specified byhim, such further particulars and information as he deems fit.

ACQ'UISITION OF LAND ACf 1967-1977 1.16 15

(6) If upon consideration of such an application, includingthe agreement and the copy plan of survey accompanying the sameand any further particulars and information required by him, theGovernor in Council is satisfied that the land in question may belawfully taken for the purpose for which it is proposed to betaken and should be so taken under this section the Governor in Councilmay-

(a) in the case of an application under subsection (3) ofthis section, by Proclamation published in the Gazettedeclare that the land in question, particulars whereofshall be contained in or annexed to the Proclamation,is taken for the purpose therein mentioned on and fromthe date of the publication in the Gazette of theProclamation;

(b) in the case of an application under subsection (4) ofthis section, by Order in Council approve that BrisbaneCity Council take the land in question. .

(7) Subject to such approval by the Governor in Council,Brisbane City Council, by notification published in the Gazette,shall declare that the land in question, particulars whereof shall becontained in or annexed to the notification, is taken by BrisbaneCity Council for the purpose mentioned in the notification on andfrom the date of the publication in the Gazette of the notification.

For the purposes of this Act such a notification shall be takento be included in the expression "Notification of Resumption".

Such a notification may be so published within twelve monthsafter the date of the agreement to take the land in question andnot thereafter.

(8) Section twelve of this Act applies with respect to a takingof land under this section as it does to a taking of land undersection nine or ten of this Act.

(9) Upon failure by a constructing authority to make theapplication under subsection (3) of this section Of, in the case ofBrisbane City Council, to publish a Notification of Resumptionunder subsection (7) of this section within the time prescribedtherefor by this section the constructing authority shall be deemedto discontinue the resumption in question and the provisions ofsection sixteen of this Act shall apply with respect thereto as ifthe person from whom the land was to be taken had been servedwith a notice of intention to resume.

Substituted by Act of 1969, No. 33, s. 6.

PART III-DISCONTINUANCE OF TAKING OF LAND

16. Discontinuance of resumption before Proclamation or Notificationof Resumption. (1) A constructing authority may at any time before thepublication in the Gazette of the Proclamation Of, in the case of Brisbane


City Council, the Notification of Resumption, serve upon every personwho has been served with a notice of intention to resume a further noticestating that the constructing authority is discontinuing the resumptionof the land concerned.

Service of the further notice shall discontinue the resumptionconcerned and DO person shall have any claim for compensation orother right or remedy whatsoever against the constructing authority forany loss or damage alleged to have been occasioned (directly or indirectly)by the service of the notice of intention to resume or the discontinuanceof the resumption except a claim for compensation for costs and expensesin~urred by the person who was served with the notice and any actualdamage done to the land concerned by the constructing authority.

The constructing authority and the claimant may agree upon theamount of the compensation to be paid under this subsection or, uponthe reference of either of them, such amount may be determined by theLand Court:

Provided that the constructing authority may have such costs andexpenses taxed by the proper officer of the Supreme Court under therules of that Court and that no person shall be entitled to compensationin excess of the value of his estate or interest in the land.

(2) For the purposes of this section, notwithstanding that noticeunder this section has not been served, the constructing authority shallbe deemed to discontinue a resumption if the application prescribed bysubsection (3) of section nine of this Act has not been made within thetime prescribed by that subsection or, in the case of Brisbane CityCouncil, if the Notification of Resumption has not been published inthe Gazette within twelve months after the date of the notice of intentionto resume.

17. Revocation before determiuatioD of compeusation. (1) If, atany time after the publication in the Gazette of the Proclamation takingany land in this section called the "first Proclamation " or, in the caseof Brisbane City Council, the publication in the Gazette of the Notificationof Resumption taking any land in this section called the "firstNotification" and before the amount of compensation to be paid inrespect of the taking thereof is determined by the Land Court or thepayment of ~ompensation in respect of the taking is sooner made, it isfound that the land or any part thereof is not required for the purposefor which it was taken, the Governor in Council, by a subsequentProclamation published in the Gazette, or Brisbane City Council by asubsequent Notification published in the Gazette, may revoke the firstProclamation Of, as the case may be, the first Notification and, if thefirst Proclamation or first Notification has been amended, any amendingProclamation or Notification, or both the first Proclamation or firstNotification and any such amending Proclamation or Notification,either wholly or so far as he or it thinks necessary:

Provided that a Proclamation or Notification under this subsectionshall not be made or published in the Gazette unless the person entitled

ACQUISITION OF LAND ACT 1967-1977 s.17 17

as owner to compensation in respect of the taking of the land haspreviously agreed in writing to the revesting as provided by this sectionof the land or part to which that Proclamation or Notification relates.

(2) Upon the revocation wholly or otherwise by a subsequentProclamation or Notification under subsection (1) of this section of anyformer Proclamation or Notification-

(a) the former Proclamation or Notification shall to the extentto which so revoked be deemed to be absolutely void as fromthe making thereof as if it had not been made; and

(b) without prejudice to the provisions of paragraph (a) of thissubsection, the land or part thereof, as the case may be, towhich the subsequent Proclamation or Notification relatesshall revest in the person in whom the same vested immediatelyprior to the day when it was taken by the constructing authorityunder and pursuant to the Proclamation or, in the case ofBrisbane City Council, the Notification of Resumption takingthe land and, subject as hereinafter in this subparagraphprovided, shall so revest for his then estate or interest therein:

Provided that such land or part shall' so revest subject toall trusts, obligations, mortgages, encumbrances, charges,rates, contracts, claims, estates and interests of what kindsoever subsisting therein or thereover immediately prior tothe taking thereof, but so that no person shall be prejudicedby reason of his having, in consequence of the Proclamationor Notification of Resumption taking the land in questionand in the meantime, done or omitted to do any act or thing orfailed to exercise any right in respect of any such trust,obligation, mortgage, encumbrance, charge, rate, contract,claim, estate, or interest and, without limiting the generalityof the aforegoing, so that the time allowed under any such trust,obligation, mortgage, encumbrance, charge, rate, contract,claim, estate, or interest for the doing of any act or the exercisingof any right shall be deemed not to be shortened by the periodcommencing on and including the date on which the land wastaken and ending with and including the day immediatelypreceding the date on which the land or part was revested; and

(c) the constructing authority shall cause a Gazette copy of thesubsequent Proclamation or Notification to be lodged with theRegistrar of Titles who shall as soon as may be thereafter,at the cost and expense of the constructing authority, doand execute all such acts, matters, and things as he shallconsider necessary to give effect to this subsection.

(3) Without limiting the generality of the provisions of paragraph (c)of subsection (2) of this section, the Registrar of Titles may make suchendorsements upon the deed of grant or certificate of title for any lotor parcel of such revested land or part, or issue such new certificatesof title therefor with such endorsements thereon, if any, as he may deemrequisite in the circumstances.

18 s.18 ACQ;UISITION OF LAND ACT 1967-1977

(4) Any person entitled to claim compensation under this Act inrespect of the taking of any land may, upon the revesting of such landor part thereof pursuant to this section, claim from the constructingauthority compensation for the loss or damage and, if any, costs orexpenses incurred by him in consequence of the taking of the land andprior to its revesting.

The constructing authority and the claimant may agree upon theamount of the compensation to be paid under this subsection, or theymay agree that such amount be determined by the Land Court, in whichcase such amount shall, upon the reference ofeither of them, be determinedby the Land Court as if the land had been taken and not revested andthe claim were limited to the compensation payable under this subsection.

PART IV-COMPENSATION

18. By whom compensation may be claimed. (1) Subject tosubsections (2), (3), (4) and (5) of this section compensation whereto aright is had under section twelve of this Act may be claimed from theconstructing authority under, subject to and in accordance with theprovisions of this Part.

(2) In the case of the inability or incapacity of any person entitledto claim, the claim may be made by his guardian, trustee or committeeor, if there is no guardian, trustee or committee, the Public Curator ofQueensland.

(3) Compensation shall not be claimable by or payable to a personwho is lessee, tenant or licensee of any land taken if the constructingauthority upon written application allows his estate or interest to continueuninterrupted.

(4) This subsection applies to land under" The Real Property Acts,1861 to 1963."

Where, in respect 50f an estate or interest in the land taken which isnot duly registered or notified in the office of the Registrar of Titles, aclaimant makes a claim for compensation subsequent to the payment toanother claimant of compensation in respect of a greater estate or interestin the land taken which included the unregistered or unnotified estate orinterest pl!rSuant to a claim made by such other claimant in or inconnection with which he did not disclose in writing such unregisteredor unnotified estate or interest, the claimant first mentioned in thissubsection shall not be entitled to any compensation whatever from theconstructing authority.

(5) The claim for compensation of a trustee or trustees of any landin respect of the taking thereof shall be limited to the amount of actualdamage caused to the trust by reason of the taking, and no such trusteeshall have any other right, remedy, or claim whatsoever in respect of suchtaking against the Crown or any other person whomsoever and this Actand every other relevant Act or law or rule, practice, or process of law,or judgment of any court of competent jurisdiction, shall be read,construed and applied subject to this subsection.

ACQUISITION OF LAND ACT 1967-1977 SSe 19, 20 19

(6) For the purposes of a claim for compensation in respect ofcommon property under and within the meaning of " The Building UnitsTitles Act of 1965," the body corporate constituted under that Act bythe proprietors within the meaning thereof of the units comprised in thebuilding units plan concerned shall be deemed to be the owner of suchcommon property.

Except by unanimous resolution of all proprietors such bodycorporate shall not agree upon the amount of compensation.

Unless otherwise agreed by unanimous resolution of all proprietors,the amount of compensation shall be distributed among the proprietorsin shares proportional to the unit entitlements of their respective units.

19. Claim for compensation. (1) A claim for compensation shall bein writing, shall be served upon the constructing~authority,shall statein full the name and address of the claimant, shall be signed by theclaimant, and shall contain or be accompanied by-

(a) a description of the land taken and a statement of the areathereof;

(b) a statement of the nature and particulars of the claimant'sestate or interest in the land taken;

(c) a statement (which, in the case of the owner, shall be verifiedby statutory declaration) as to whether or not the claimant'sestate or interest in the land taken is subject to any trust,obligation, mortgage, lease, agreement to lease, charge, rate,contract, claim or other estate or interest whatsoever and, ifso, the nature and particulars of those of the aforesaid to whichthe estate or interest is subject;

(d) an itemised statement of the claim, showing the nature andparticulars of each item and the amount claimed in respectthereof;

(e) the total amount of compensation claimed.

(2) Where the estate or interest of the claimant is not registered ornotified in the office of the Registrar of Titles, the claim shall beaccompanied by proof of title to the estate or interest claimed, whichproof shall include copies of or abstracts from all documents, if any,necessary to establish in law the estate or interest.

20. Assessment of compensation. (1) In assessing the compensationto be paid, regard shall in every case be had not only to the value ofland taken but also to the damage, if any, caused by either or both of thefollowing, namely-

(a) the severing of the land taken from other land of the claimant;(b) the exercise of any statutory powers by the constructing

authority otherwise iniuriously affecting such other land.11032-C

20 ss.21-23 ACQUISITION OF LAND ACT 1967-1977

(2) Compensation shall be assessed according to the value of theestate or interest of the claimant in the land taken on the date when itwas taken.

(3) In assessing the compensation to be paid, there shall be takeninto consideration, by way of set-off or abatement, any enhancement ofthe value of the interest of the claimant in any land adjoining the landtaken or severed therefrom by the carrying out of the works or purposefor which the land is taken.

But in no case shall this subsection operate so as to require anypayment to be made by the claimant in consideration of such enhancementof value.

21. Grant of easement, &c., in satisfaction of compensation. Theconstructing authority and the claimant may agree that the constructingauthority will grant the claimant, in satisfaction wholly or partly of hisclaim for compensation, any easement, right of way, lease or other rightof occupation, or any other right, privilege or concession in, upon, overor under the land taken or any other land the property of the constructingauthority.

In such case the parties may agree that the extent to which the grantshall satisfy the claim for compensation shall be determined by the LandCourt, and the jurisdiction of the Land Court to determine thecompensation shall include jurisdiction to determine the extent of suchsatisfaction.

22. Crown grant in satisfaction of compensation. Where the Crownis the constructing authority, and the claimant agrees, the Governor inCouncil may grant in fee-simple or demise for any lesser estate or interestto the claimant, in satisfaction wholly or partly of the claim forcompensation, any Crown land.

The Governor in Council for that purpose may close arlY roadwhich traverses or adjoins land owned by the claimant, and grant theland comprised in the closed ·road to the claimant.

23. Advance against compensation. (I) A claimant for compensationas the owner of the land taken may at any time after the date on whichhe delivered to the constructing authority his claim for compensationin accordance with the requirements of section nineteen of this Act, applyto the constructing authority to make to him an advance not exceedingthe amount prescribed by subsection (3) of this section in respect of thecompensation claimable by him.

(2) Subject to being satisfied that the applicant is entitled to claimcompensation as owner of the land taken and to subsection (3) of thissection the constructing authority shall make to him the advance appliedfor by him in respect of the compensation claimed by him.


(3) The amount of an advance under this section shall not exceed(a) Where the constructing authority has made to the claimant

an offer in writing of an amount of compensation in settlementof his claim, that amount; or

(b) Where the constructing authority has not made the offermentioned in paragraph (a) of this subsection, an amountequal to its estimate of the amOllnt of compensation payableto the claimant.

(4) Subject to subsections (5) and (6) of this section, any amountpayable to a claimant under this section which is not paid within ninet)!days after he applied for the payment shall be recoverable by him as adebt due and unpaid to him by the constructing authority.

(5) Before paying the advance the constructing authority may requirethe claimant to satisfy it regarding taxes, rates and other moneys which,if unpaid, would be a charge upon the land, and m.ay reduce the advanceby any sum which, in respect of any thereof, is unpaid Of, as respectsany period of time prior to the date when the land was taken, willbecome payable.

(6) Where the land concerned is subject to a mortgage at the datewhen it is taken the constructing authority may reduce the advance bythe sum due to the mortgagee.

(7) The constructing authority may pay to the Crown or to the.local authority concerned or to the mortgagee any sum by which theadvance has been reduced under subsections (5) or (6) of this section.

24. Reference of claim for compensation to Land Court. (1) Subjectto this section either the constructing authority or the claimant mayrefer to the Land Court for hearing and determination the matter of theamount of the compensation.

(2) If the amount of the compensation has not been sooner agreedupon, the claimant may so refer that matter at any time after the dateupon which he delivered to the constructing authority a claim forcompensation in accordance with the requirements of section nineteenof this Act.

He shall make the reference by filing in the office of the Registrarof the Land Court copies of the claim delivered by him to the constructingauthority and of the notice of intention to resume and a Gazette copy ofthe Proclamation or, as the case may be, Notification of Resumptiontaking the land.

(3) The claimant shall not amend the claim filed by him in the officeof the Registrar of the Land Court except upon leave granted by thatCourt (which leave the Court may grant upon such terms as it deemsjust, including terms with respect to the payment of costs).

(4) Upon the application of the constructing authority, the LandCourt may order the claimant to file in the office of the Registrar of the

22 s.25 ACQ,UISITION OF LAND ACT 1967-1977

Land Court such further or other particulars with respect to the claimfor compensation as, having regard to the provisions of section nineteenof this Act, the Court deems fit.

A claimant who fails to comply with such an order within the timespecified therein shall be deemed not to have referred to the Land Courtthe claim in question.

(5) If the amount of the compensation has not been sooner agreedupon and-

(a) if the claimant has not sooner delivered to it a claim forcompensation substantially in accordance with the requirementsof section nineteen of this Act, the constructing authority mayso refer the matter at any time after the expiration of the periodof three months next following the date of the Gazettecontaining the Proclamation or, in the case of Brisbane CityCouncil, the Notification of Resumption taking the land; or

(b) if the claimant has delivered to the constructing authority aclaim for compensation, the constructing authority may sorefer that matter at any time after the expiration of the periodof three months next following the date of the Gazettecontaining the Proclamation or, in the case of Brisbane CityCouncil, the Notification of Resumption taking the land, unlessthe reference has been sooner made by the claimant.

(6) The constructing authority shall make the reference in themanner prescribed by subsection (2) of this section save that if theclaimant has not delivered to the constructing authority a claim forcompensation substantially in accordance with section nineteen of thisAct, then in the stead of a copy of the claim the constructing authorityshall file a document containing or accompanied by all of the particularsrequired to be contained in or to accompany the claim so far as thoseparticulars are known to it but, in relation to paragraphs (d) and (e),stating amounts which it is willing to pay.

25. Reference to Land Court by constructing authority. (1) Wherethe constructing authority makes a reference mentioned in sectiontwenty-four of this Act, the Land Court upon ap.plication in that behalfmade by the constructing authority, shall order that the claimant mayenter an appearance on the reference on or before the date fixed by theorder.

(2) A claimant may appear on the reference by filing in the officeof the Registrar of the Land Court, on or before the date fixed by theorder, a claim for compensation in accordance with the requirementsof section nineteen of this Act, and thereupon subsections (3) and (4)of section twenty-four of this Act shall apply and the matter of the amountof compensation shall be heard and determined as if the reference hadbeen made in the first instance by the claimant:

Provided that an order as provided for by subsection (4) of sectiontwenty-four of this Act may be made in respect of such appearance and,


if the claimant fails to comply with such order within the time thereinspecified, he shall be deemed to have failed to enter an appearance onthe reference.

(3) A claimant who fails to enter an appearance on a referencemade by the constructing authority shall not be entitled to appear orto be heard by the Land Court upon the hearing of the reference saveby leave of such Court (which leave the Court may grant upon suchterms as it deems just, including terms with respect to the payment ofcosts).

(4) In the case of a reference made by the constructing authority,the Land Court may hear and determine the matter of the amount ofcompensation in the absence of the claimant where he fails to enter anappearance on or before the date fixed by order of the Court or where,having so entered an appearance or having leave to appear, he fails toappear at the hearing.

(5) Where the reference has been made by the claimant in the firstinstance, the Land Court may hear and determine the matter ofcompensation in the absence of the claimant if he fails to appear at thehearing.

26. Jurisdiction relating to compensation. (1) Subject to this sectionthe Land Court shall have jurisdiction to hear and determine all mattersrelating to compensation under this Act.

(2) The Crown or any party aggrieved by a decision of the LandCourt constituted by a single member may appeal to the Land AppealCourt in the manner provided in " The Land Acts, 1962 to 1967."

The Crown or any party aggrieved by a decision of the Land AppealCourt upon any of the grounds specified in subsection (1) of sectionforty-five of " The Land Acts, 1962 to 1967," may appeal in the mannerprovided in those Acts.

(3) The decision (whether of the Land Court constituted by a singlemember or, as the case may be, the Land Appeal Court) shall be in writingand the Registrar of the Land Court shall transmit the decision to theRegistrar of the Supreme Court, who shall cause the same to be filed inthe registry of the latter Court.

(4) The decision-(a) shall be final as regards the amount of compensation awarded;

and(b) unless the amount shall have been paid into the Supreme

Court pursuant to section twenty-nine of this Act, shall befinal for all purposes and have the effect of a judgment of theSupreme Court and may be enforced accordingly.

Where, pursuant to section twenty-nine of this Act, the amount ofcompensation awarded is paid into the Supreme Court the decision shallnot be final as regards the right or title of the claimant or any otherperson whomsoever to be paid that amount or any part thereof.


27. Costs. (1) Subject to this section, the costs of and incidentalto the hearing and determination by the Land Court of a claim forcompensation under this Act shall be in the discretion of that Court.

(2) If the amount of compensation as determined is the amountfinally claimed by the claimant in the proceedings or is nearer to thatamount than to the amount of the valuation finally put in evidence bythe constructing authority, costs, if any, shall be awarded to the claimant;otherwise costs, if any, shall be awarded to the constructing authority.

The subsection does not apply to any appeal in respect of the decisionof the Land Court or to costs awarded pursuant to subsection (3) ofsection twenty-four or subsection (3) of section twenty-five of this Act.

28. Interest. (I) Subject to subsection (2) of this section, in respectof the period or any part of the period commenced on and includingthe date on and from which any land is taken and ending on andincluding the day immediately preceding the date on which payment ofcompensation is made the Land Court or, upon appeal, the Land AppealCourt may order that interest be paid upon the amount ofcompensation determined by it.

Such interest shall be at such rate per centum per annum as theLand Court or, upon appeal, the Land Appeal Court, deeming reasonable,fixes by the order.

Interest so ordered to be paid shall be payable as if it were part ofthe compensation in question and shall be added to the amount thereofand be payable by the constructing authority accordingly.

(2) Interest shall not be payable in respect of any amount ofcompensation advanced under section twenty-three of this Act.

29. Wbere right to compensation is questioned. (1) Where the titleby reason whereof compensation is claimed under this Act comes inquestion-

(a) in the Land Court or, upon appeal, the Land Appeal Courtduring the hearing and determination of the claim forcompensation; or

(b) during negotiations between the constructing authority andthe claimant,

nevertheless the said Court shall have power to determine or, as the casemay be, the constructing authority and the claimant may agree uponthe amount of the compensation to be paid.

In such case the constructing authority shall pay the amount ofcompensation determined or agreed upon into the Supreme Court.

(2) Where subsequent to the date when compensation has beendetermined or agreed upon, but before the constructing authority haspaid the compensation to the claimant, the title by reason whereof the

ACQUISITION O·P LAND ACT 1967-1977 s.30 25

compensation was claimed under this Act comes in question to theknowledge of the constructing authority, it shall pay the amount of thecompensation into the Supreme Court.

(3) A constructing authority may pay into the Supreme Court theamount of any compensation under this Act where-

(a) the person to whom the amount is payable fails or refuses toaccept payment thereof; or

(b) the constructing authority is unable for any reason whatsoeverto make to the claimant payment of th.e amount or to obtainfrom him a good and sufficient discharge for such payment.

(4) The payment pursuant to a provision of this section of anyamount of compensation into the Supreme Court shall discharge in fullthe liability of the constructing authority to pay that amount pursuantto the determination or agreement by virtue whereof it became payable.

i

(5) Upon application in that behalf the Supreme Court or a Judgethereof may order that any money paid into that Court pursuant to aprovision of this section or part thereof shall be paid to or applied for thebenefit of such person as the said Court or Judge finds to be entitledthereto.

The said Court or Judge may subject such order to such terms andconditions as it or he deems just and may, at its or his discretion, orderany party to the application to pay to any other party thereto such costsas it or he deems just.

30. Limited interests. (1) Where compensation is determined oragreed to be paid to any claimant in respect of a partial or qualifiedinterest held by him in the land taken and such person is not entitled tosell or dispose of such interest-

(a) the constructing authority shall pay the amount of thecompensation into the Supreme Court; and

(b) the Supreme Court or a Judge may upon application in thatbehalf order that the amount on any part thereof shall beapplied to anyone or more of the following purposes, thatis to say-

(i) the discharge of any debt or encumbrance affecting the land,or affecting any land settled therewith, or to the same orlike uses, trusts, or purposes;

(ii) the purchase of other land to be conveyed, limited, andsettled upon or for the like uses, trusts, or purposes;

(iii) removing or replacing any buildings on the land, or'substituting others in their stead;

(iv) the purchase of such securities as the Supreme Court orJudge may direct, to be settled in the same manner as theland;


(v) in payment to any parties becoming absolutely entitled thereto,or, in case of their disability or incapacity, to their respectiveguardians, trustees, or committees (or if there is noguardian, trustee or committee, to the Public Curator ofQueensland), as the case may be.

(2) The costs of and incidental to any application under this sectionshall be in the discretion of the Supreme Court or Judge.

(3) Nothing in this section shall be deemed to prevent any personwho has a partial or other qualified interest in land to which interest heis solely entitled, and which he may absolutely sell or dispose of, fromreceiving any compensation awarded to him in respect of such interest,or which has been agreed to be paid to him.

31. Powers of Supreme Court in· respect of building units. Where thewhole of the land comprised in a building units plan registered under" The Building Units Titles Act of 1965," is taken under this Act, theSupreme Court of Queensland shall have and may exercise in relationto the building shown in such building units plan such jurisdiction underthat Act as it would have were such building destroyed for the purposeof that Act on and by such taking.

32. Mortgages. (I) Where the land taken is subject to a mortgageat the date when it is taken, upon application by the mortgagee-

(a) the Land Court Of, upon appeal, the Land Appeal Court shallorder that payment be made to the mortgagee of; or

(b) if the compensation is agreed upon, the constructing authorityshall pay to the mortgagee,

so much of the amount of the compensation as does not exceed thesum due to the mortgagee.

(2) Payment shall not be made to a mortgagee under this section(a) in priority to any other claimant, save the mortgagor, unless

the mortgagee would, if the land had been sold on the datewhen it was taken, have been entitled to such priority; or

(b) in priority to any taxes, rates or other moneys charged uponthe land taken in favour of the Crown or any local authority.

(3) For the purposes of this section the sum due to the mortgageeincludes interest payable under the mortgage up to the date of the paymentor the last day of any period in respect whereof interest upon the amountof compensation has been ordered to be paid pursuant to sectiontwenty-eight of this Act, whichever is the earlier.

33. Rent-charge or annuity. If the land in respect of whichcompensation is determined or has been agreed to be paid is subject to arent-charge or annuity, the Land Court or, upon appeal, the Land AppealCourt shall, upon application by the person entitled to such rent-chargeor annuity, determine what part of such compensation shall be paid tothe person so entitled in redemption thereof.

ACQUISITION OF LAND ACT 1967-1977 ss.34-36 27

If the land is part of land subject to a rent-charge or annuity,the Land Court or, upon appeal, the Land Appeal Court upon the likeapplication shall determine what part of such rent-charge or annuityshall be redeemed, and what part of such compensation shall be paid inthe redemption thereof, so that the remaining part of the land subject tothe rent-charge or annuity shall be as good security as theretofore for thepart thereof remaining unredeemed.

34. Where part only of land subject to rent is taken. If the land inrespect of which compensation is determined or has been agreed to bepaid is part of land in respect of which any rent is payable, the Land Courtor, upon appeal, the Land Appeal Court shall, upon application by theperson liable to pay rent, determine what part of such rent shall ceaseto be payable, so that the rent ceasing to be payable shall bear the sameproportion to the whole rent as the value of the land in respect of whichcompensation is determined or agreed to be paid bears to the value of thewhole of the land.

35. Taxes, rates and charges. Any amount due and unpaid as atthe date of the taking of the land of any taxes, rates or other moneyscharged upon the land taken in favour of the Crown or any local authorityshall be a charge upon the compensation payable under this Act to aclaimant who is legally liable for payment thereof, and the constructingauthority may deduct from such compensation and pay to the Crownor local authority concerned any such amount.

PART V-GENERAL

36. Powers of entry, &c. (1) For the purposes of this Act anymember, officer, employee, contractor or agent of the constructingauthority or any person authorized by it in that behalf may-

(a) enter upon any land, for the purpose of making any inspection,valuation, surveyor taking levels;

(b) affix or set up thereon trigonometrical stations, survey pegs,marks, or poles, and from time to time alter, remove, inspect,reinstate and repair the same;

(c) dig and bore into the land so as to ascertain the nature of thesoil, and set out the lines of any works thereon;

(d) do all things necessary for the purposes aforesaid.

(2) The power to enter upon any land includes power toCa) re-enter from time to time;(b) remain upon that land for such time as is necessary to achieve

the purpose of the entry;(c) take such assistants, vehicles, materials, equipment or things

as are necessary to achieve the purpose of the entry.

(3) When practicable, not less than seven days' notice in writingshall be given to the occupier or, if there is no occupier, the owner of

28 SSe 36A, 36B ACQUISITION OF LAND ACT 1967-1977

the land of the intention to enter thereon, and the authority under whichthe person entering claims to enter or has entered shall, if required bysuch owner or occupier, be produced and shown.

(4) Every person who-(a) without due authority, destroys, mutilates, defaces, takes away,

or alters the position of any trigonometrical station, surveypeg, mark, or pole fixed or set up by any person under theauthority of this section; or

(b) wilfully obstructs or attempts to obstruct any person actingunder the authority of this section,

shall be guilty of an offence against this Act and liable to a penalty notexceeding two hundred dollars.

(5) The constructing authority shall be liable for compensation forthe actual damage (if any), done to the land by reason of the exerciseof any power conferred by this section.

This subsection applies subject to subsection (4) of section thirty-sevenof this Act.

Compensation pursuant to this subsection may be claimed andagreed upon or determined as prescribed by subsections (3) and (5) ofsection thirty-seven of this Act.

36A. Minister may act for Crown as constructing authority.The Minister is authorized and required to exercise such powers,perform such functions and take such steps as are permitted orrequired by this Act for the purpose of taking land on behalf ofthe Crown as a constructing authority.

Inserted by Act of 1969, No. 33, s. 7.

36B. Minister may delegate certain authorities and functions.(1) The Minister may either generally or otherwise as providedby the instrument of delegation, by writing under his hand, delegateto any officer of the Department of Lands all or any of his powers,authorities and functions conferred on him by section 36A of thisAct.

(2) A power, authority or function so delegated may beexercised or performed by the delegate in accordance with theinstrument of delegation.

(3) Where in the exercise or performance of a power,authority or function so delegated the Minister is required orpermitted by or under this Act to form an opinion, belief or stateof mind in relation to any matter the delegate shall, or as thecase may be, may, in the exercise or performance by him of thatpower, authority or function, form his opinion, belief or stateof mind.

ACQUISITION OF LAND .~cr 1967-1977 ss.37, 38 29

(4) A delegation under this section is revocable at will anddoes not prevent the exercise of a power or authority or theperformance of a function by the Minister or the making of afurther delegation.

Inserted by Act of 1969, No. 33, s. 7.

37. Temporary occupation of land. (1) The constructing authoritymay temporarily occupy and use any land for the purpose of constructing,maintaining or repairing any works, and may-

(a) take therefrom stone, gravel, earth, and other material;(b) deposit thereon any material;(c) form and use temporary roads thereon;(d) manufacture bricks or other materials thereon;(e) erect workshops, sheds, and other buildipgs of a temporary

nature thereon.

(2) The constructing authority or the person having the charge ofthe works shall, before occupying or using any land as herein provided,and except in the case of accident requiring immediate repair, give to theoccupier or, if there is no occupier, the owner thereof not less than sevendays' notice in writing, and shall state in such notice the use proposed tobe made of the land and an approximate period during which such useis expected to continue.

(3) The owner of the land or any other person having any estate orinterest in the land may, at any time during such occupation or withinthree months thereafter, give notice in writing to the constructing authoritythat he claims compensation; and, subject to giving such notice, if theland is not taken the owner and all such other persons may recover underthis Act compensation for all damage done, but not in the case of theowner or any such other person exceeding the compensation which wouldhave been payable to him had the land been taken.

(4) No compensation shall be payable for any act or thing doneunder this section, the right or authority to exercise which is reservedby any Act, or by any regulation, Crown grant, or other instrument,except to the extent therein mentioned, notwithstanding that the termsand conditions imposed by such Act, regulation, grant, or instrument.have not been performed.

(5) The constructing authority and the claimant may agree upon theamount of compensation to be paid under this section or they may agreethat such amount be determined by the Land Court, in which case suchamount shall, upon the reference of either of them, be determined by theLand Court as if the land had been taken and the claim were limitedto the compensation recoverable under this section.

38. Refusal to give op land. (1) If the owner or occupier of any landtaken or occupied under this Act, or any other person, refuses to giveup possession thereof, or obstructs the constructing authority or anyperson appointed in wr4ting by it, the constructing authority may issue

30 SSe 39-41 ACQUISITION OF LAND ACT 1967-1977

its warrant to the sheriff to deliver possession of the same to the personappointed in the warrant to receive possession, and on receipt of thewarrant the sheriff shall deliver possession of such land accordingly.

(2) The costs of the issue and execution of the warrant, to be settledby the sheriff, shall be paid by tIle person in default, and may be deductedfrom any compensation payable to him, or the same or any balance maybe levied by distress and sale of the goods and chattels of such person.

39. Service of documents. (1) Any notice or other documentrequired by this Act to be served on any person may be served on suchperson personally or by post. If such person is absent from the Statethe document may be served on his agent in like manner. If such personis not known or has no known agent in the State, the document shall beserved by the publication of the same, or a true abstract thereof, in theGazette and in some newspaper circulating generally in the locality wherethe land affected is situated.

(2) A document may be served on the constructing authority bybeing sent by post to the constructing authority at its office or to theoffice of such person as the constructing authority authorizes by publicnotice to receive documents on its behalf.

40. Offences. All offences against this Act or the regulations maybe prosecuted in a summary way under" The Justices Acts, 1886 to 1965."

41. Disposal of land. (1) Notwithstanding any provision of anyother Act, where land has been taken either pursuant to an agreementunder section fifteen of this Act or by compulsory process under thisAct and, within seven years after the date of taking, the constructingauthority no longer requires the land, then the constructing authorityshall offer the land for sale to the former owner at a price determinedby the Valuer-General.

Unless sooner accepted by the former owner the offer shall lapseat the expiration of twenty-eight days after it is made.

(2) In this section " the former owner" in relation to land means(a) where only one person had an interest in the land at the date

of acquisition and that person is still alive or, in the case of acorporation, in existence-that person; or

(b) in any other case-such person or persons (if any) as theMinister, in his absolute discretion, having regard to theinterest that existed in the land at the date of acquisition,considers to be fairly entitled to the benefit of this section.

(3) A person contracting· o! ot~erwise dealing with !he constructin.gauthority is not concerned to InqUIre whether the reqUIrements of thISsection have been complied with, and the title of such a person to landacquired from the constructing authority is not affected by any failureto comply with those requirements.


ACQUISITION OF LAND ACT 1967-1977 ss.42, 43 31

42. Regulations. The Governor in Council may from time to timemake regulations not inconsistent with this Act· providing for all or anypurposes, whether general or to meet particular cases, that may benecessary or convenient for the administration of this Act or for carryingout the objects and purposes of this Act.

A regulation may be made prescribing a penalty, but not exceedingin any case forty dollars, for any contravention of or failure to complywith that or any other regulation.

43. Publication of Proclamations, Orders in Council, Notificationsof Resumption, Notifications under section seventeen, and Regulations.(1) Every Proclamation, every Order in Council, every Notification ofResumption, every Notification under section seventeen of this Act, andevery regulation made pursuant to this Act shall-

(a) be published in the Gazette;(b) upon its publication in the Gazette, be judicially noticed and

such publication shall be conclusive evidence of the matterscontained therein;

(c) take effect from the date of such publication unless, in the caseof any regulation, a later date is specified in that or any otherregulation for its commencement when in such event it shalltake effect from that later date; and

(d) in the case of any regulation, be laid before the LegislativeAssembly within fourteen sitting days after such publication,if the Legislative Assembly is in session, and if not, thell withinfou~teen sitting days after the commencement of the nextseSSIon.

(2) If the Legislative Assembly passes a resolution of which noticehas been given at any time within fourteen sitting days after any suchregulation has been laid before it disallowing the same or part thereof,that regulation or part shall thereupon cease to have effect, but withoutprejudice to the validity of anything done in the meantime or to themaking of a further regulation.

32 Scb.l ACQUISITION OF LAND ACT 1967-1977

SCHEDULES

[Section 3 (I) and (2)]FIRST SCHEDULE

PART I

Year andNumber of Act

Short Title Extent of Repeal

6 Edw. VII No. 14 "The Public Works Land Resump- The wholetion Act of 1906 "

7 Geo. V No.6 ". The Public Works Land Resump- The wholelion Act Amendment Act of1916 "

7 Geo. V No. 24 " The City of Brisbane Improve- The wholement Act of 1916 "

8 Geo. V No. 20 " The Public Works Land Resump- The wholelion Act Amendment Act of1917 "

17 Geo. V No. 18 " The Public Works Land Resump- The wholetion Acts Amendment Act of1926 "

25 Geo. V No. 28 "The Bureau of Industry Acts Section thirteenAmendment Act of 1934 "

2 Geo. VI No. 11 " The Public Works Land Resump- The wholetion Acts Amendment Act of-1938 "

4 Geo. VI No. 27 "The Water Acts and Another Part IIIAct Amendment Act of 1940"

15 Geo. VI No. 11 " The Land Acts and Other Acts Part IXAmendment Act of 1951 "

I Eliz. II No. 45 " The Public Works Land Resump- The wholelion Acts Amendment Act of1952 "

2 Eliz. II No. 19 " The City of Brisbane Acts and Part IIIOther Acts Amendment Act of1953 "

4 Eliz. II No. 5 " The Public Works Land Resump- The wholetion Acts Amendment Act of1955 "

ACQUISITION OF LAND ACT 1967-1977

FIRST SCHEDULE-continued

PART II

SOO.l 33

Year and Numberof Act

Short title Extent of Amendment

60 Vic. No. 24 as "The Electric Lightsubsequently and Power Acts,amended 1896 to 1965 "

Section 12B is amended by(a) in subsection (1)-(i) omitting where appearing in

the first paragraph all wordsfrom and including the words"and thereupon it shall belawful" to the end of thesaid fiJ;st paragraph;

(ii) inserting after the first paragraph as so amended thefollowing paragraph:-" The Electric Authority may

acquire the right of way bytaking an easement and for thatpurpose shall be a constructingauthority under " The Acquisition ofLand Act of 1967 "." ;

(b) omitting subsection (4) andinserting in its stead thefollowing subsection:-

" (4) As well as an easementover land granted in fee-simple,an Electric Authority may, pursuant to this section, take aneasement over land which isheld from the Crown for alesser estate or interest thanfee-simple."

(c) in subsection (5) omitting thewords, numerals and quotationmarks "" The Public WorksLand Resumption Acts, 1906 to1955," " and inserting in theirstead the words, numerals andquotation marks" " The Acquisition ofLand Act of 1967 "."

9 Edw. VII, No. 12 "The Metropolitan 1. Section four is amended byas subsequently Water Supply and omitting the definition " Publicamended Sewerage Acts, Works Land Resumption Act".

1909 to 1962 "



PART II-continued


Short title Extent of Amendnlent

5 Geo. V, No. 24 "Theas subsequently Acts,amended 1965 "

Railways1914 to

2. Section thirty-four is amendedby omitting subsection (2) andinserting in its stead thefollowing subsection:-

"(2) In respect of any landgranted in fee-simple, whetherwithin or without the district,which Brisbane City Council byresolution declares to berequired by it for or in connexion with any of the purposesof this Act, the Council shall bea constructing authority underand within the meaning of" The Acquisition ofLand Act of1967," the provisions whereofshall apply and extendaccordingly. "

I. Subsection (2) of section thirtyseven is amended by omittingthe word " taken".

2. Section forty-two is amendedby-

(a) adding to subsection (1) thefollowing paragraph:-

" For the purposes specifiedin this subsection, the Commissioner shall be a constructing authority under and withinthe meaning of " The Acquisition of Land Act 0.( 1967 "."';and

(b) omitting subsections (2) and(3) and inserting in their steadthe following subsection:"(2) Any land taken by

the Commissioner may bedescribed in the Proclamationtaking the land or in anannexure thereto in any mannersufficiently identifying thatJand.".



PART II-continued

Sch. 1 35



3. Sections forty-four, forty-five,forty-seven, forty-eight, andforty-nine are repealed.

4. Section fifty is repealed andthe following section is insertedin its stead:-

" [SO.] Lands held from theCrown tor estate or interest lessthan fee-simple. (1) As well asland granted in fee-simple theCommissioner as a constructing authority under "TheAcquisition oj' Land A ct oj'1967," may take for any purpose of this Act land whicll isheld from the Crown for alesser estate or interest than feesimple.

Any land referred to in thissubsection shall be vested inthe Commissioner for an estatein fee-sitnple.

The Governor in Council ishereby authorised to so vest andgrant in fee-simple the landsubject to such reservationsand conditions as are authorised or prescribed by H TheLands Acts, 1962 to 1967."

(2) " The Acquisition of LandAct of 1967," shall be read withand subject to all such modi-fications and adaptationsthereof as are necessary to giveoperation and effect to subsection (1) of this sectionincluding, as respects any landin question, by reading anyreference tllerein to the Registrar of Titles as referring to theperson or authority charged

36 Sch.l ACQ'UISITION OF LAND ACT 1967-1977


PART II-continued



with registering instrumentsevidencing the title to the estateor illterest in that. land heldfrom the Crown."

5. Section fifty-two is repealedand the following section isinserted in its stead:-

" [52.] Compensation whereland injuriously affected otherthan by resumption. (1) Anyperson entitled to claim compensation under" The Acquisition of Land Act of 1967," inrespect of the taking of anyland by the Commissioner,may claim from the Commissioner compensation forinjurious affection to the landcaused by the execution by theCommissioner of any of thepowers (other than the powerto acquire the land) conferredby this Act.

(2) The claimant and theCommissioner may agree uponthe amount of the compensation to be paid pursuant tothis section or such amountmay, upon the reference ofeither of them, be determinedby the Land Court under" TheAcquisition of Land Act of1967," as if the land had beentaken by the Commissioner andthe claim for compensation inrespect of such taking werelimited to compensation forthe injurious affection inquestion."

6. Sections fifty-three to seventy,both inclusive, are repealed.

ACQUISITION OF LAND ACf 1967-1977


PART II-continued

Sch. 1 37



10 Geo. V No. 26 "The Main Roadsas subsequently Acts, I 920 toamended 1965 "

1. Section nine is amended by inparagraph (3) omitting the subparagraph commencing withthe words" For the purpose oftaking any land ", and insertingin its stead the following subparagraph:-

" For the purpose of takingany land'the taking of which isauthorised or approved by theGovernor in Council under thisAct, the Commissioner shall bea constructing authority under" The Acquisition ofLand Act of1967," and, subject to this Act,that Act shall apply and extendaccordingly." .

2. Section 26A is amended byomitting subsections (1), (2),(3), (4) and (5) and inserting intheir stead the following subsections:-

" (I) As well as land grantedin fee-simple the Commissioneras a constructing authorityunder " The Acquisition ofLandAct of 1967," may take for anyworks or 'purpose under this Actland which is held from theCrown for a lesser estate orinterest than fee-simple.

Any land referred to in thissubsection shall, if vested in theCommissioner by the Proclamation taking it, be vestedin him for an estate in feesimple.

The Governor in Council ishereby authorised to so vest andgrant in fee-simple the landsubject to such reservations and .

38 Sch.l ACQUISITION OF LAND ACf 1967-1977


PART II-continued



conditions as are authorised orprescribed by " The Land Acts,1962 to 1967."

(2) Any land taken by theCommissioner which has beenvested in the Crown by theProclamation taking the landshall be and remain Crown landuntil the same is, according tothe works or purpose for whichthe land shall have been taken,dealt with as prescribed.

(3) Any land taken by theCommissioner may be describedin the Proclamation taking theland or in an annexure theretoin any manner sufficientlyidentifying that land.

(4) If any land taken or anypart thereof is found to be notrequired for the works or purpose for which it was taken thesame shall be disposed of as theGovernor in Council by Orderin Council directs.

(5) " The Acquisition of LandAct of 1967," shall be read withand subject to all such modifications and adaptations thereofas are necessary to give operation and effect to subsection (1)of this section including, asrespects any land in question,by reading any reference thereinto the Registrar of Titles asreferring to the person orauthority charged withregistering instrumentsevidencing tIle title to the estateor interest in that land heldfrom the Crown.".

.A.CQUISITION OF LAND ACT 1967-1977


PART II-continued

Sch. 1 39

Year and Number Iof Act

13 Geo. V, No. 29as subsequentlyamended

Short title

" The IrrigationActs, 1922 to1965 "

Extent of Amendment

Section 15A is repealed and thefollowing section is inserted inits stead:-

" [15A.] Acquisition of land.(1) The Commissioner mayacquire either by agreement orby resumption-

(a) Any land within or without an Irrigation Areawhich, in the opinion ofthe Commissioner, isrequired for a purpose ofthis Act; or

(b) Any land within anIrrigation Area which, inthe opinion of theCommissioner, is suitablefor closer settlementunder "The Land Acts,1962 to 1967," and "TheIrrigation Areas (LandSettlement) Act of 1962."

(2) (a) In respect of theacquisition of any land theCommissioner shall be aconstructing authority under" The Acquisition of Land Actof 1967," and, subject to thissection, that Act shall apply andextend accordingly.

(b) As well as land grantedin fee-simple the Commissioneras a constructing authorityunder " The Acquisition ofLandAct of 1967," may take landwhich is held from the Crownfor a lesser estate or interestthan fee-simple.

(3) If the Commissioner proposes to acquire any land andthe acquisition of suell land willsever it from other land ofand used together therewith by

40 Sch.l ACQUISITION OF LAND ACT 1967-1977


PART II-continued



the owner (whether or notabutting thereon) the Commissioner, with the approval ofthe Minister and the consent inwriting of the owner, mayacquire by agreement or byresumption the whole or partof that other land.

(4) Section twenty-two of" The Acquisition of Land Act0.( 1967," shall apply so thatthe power thereby conferredupon the Governor in Councilto grant land shall includepower to demise land forsuch leasehold estate under" The Land Acts, 1962 to 1967,"and "The Irrigation Areas(Land Settlement) Act of 1962,"as the Governor in Councildeems appropriate in thecircumstances.

(5) (a) With respect to aproposed acquisition of landby resumption for closer settlement, the Commissioner may,upon application in writing bythe owner and if he is of theopinion that the granting ofsuch an application will notunduly affect adversely the planor proposed plan for subdivision of the land for closersettlement, permit the owner toretain unresumed so much ofthe land as is reasonablysufficient, in the opinion of theCommissioner, to enable theowner to carryon agriculturalpursuits.

(b) Where the Commissioneris of the opinion that the plan

ACQ'UISITION OF LAND ACT 1967-1977


PART II-continued

Sch.l 41



or proposed plan for subdivision of the land for closersettlement would be undulyaffected adversely by thegranting of such an application,the Governor in Council may,in the name of Her Majesty,sell to the owner of the landacquired or proposed to beacquired for an estate in feesimple upon such terms(including'the purchasing priceto be paid therefor) as may beagreed any Crown land setapart for the purposes of thisAct or any land acquired bythe Commissioner pursuant tothis section including land soacquired from that owner.

(6) (a) If the purchasing priceof the land to be sold to theowner pursuant to subsection(5) of this section cannot beagreed upon, the Commissionermay, and if an agreement forsale of land pursuant to the saidsubsection (5) has been madesubject to the determinationby the Land Court of thepurchasing price to be paidtherefor, shall refer to theLand Court for hearing anddetermination the matter of theamount of that purchasingprice and the Land Court shallhear and determine that matter.

(b) (i) An appeal shall lie tothe Land Appeal Court from adetermination of the LandCourt upon an application orreference under this subsection.



PART II-continued



The determination of theLand Court or, upon appeal,of the Land Appeal Court uponany application or referenceunder this subsection shall befinal and conclusive of thematter.

(ii) For the purposes of thissubsection the purchasing priceof the land shall be the amountwhich, in the opinion of theCourt hearing the matter,experienced persons would bewilling to pay for the fee-simpleof the land, together with thedevelopmental work and otherimprovements thereon or pertainfng thereto, whether visibleor invisible, and by whomsoever made or acquired,assuming that due regard werehad to the availability orlikely availability of waterpursuant to the provisions ofthis Act and" The Water Acts,1926 to 1967," and it wereoffered on such reasonableterms and conditions as abona fide seller would require.

(7) (a) Where the purchasingprice of the land has beendetermined as prescribed bysubsection (6) of this sectionthen if, whether before or afterany such determination, anagreement for the sale of theland is concluded pursuant tothe provisions of subsection (5)of this section the purchasingprice of the land payable undersuch an agreement shall be the

ACQ·UISITION OF LAND ACT 1967-1977


PART II-continued

Sch. 1 43



purchasing price as sodetermined.

(b) Unless otherwise prescribed by the agreement forsale, the purchasing price forthe land sold pursuant to theprovisions of subsection (5) ofthis section shall be paid withinthree months, or such longerterm as may be allowed by theCommissioner, after the makingof the agreement for sale orthe determination of the purchasing price as prescribed bysubsection (6) of this section,whichever is the later.

(8) The Governor in Council,if he deems fit, may elect not toproceed with the sale of anyland pursuant to the provisionsof subsection (5) of this section.Such right of election shall beexercised before the issue ofthe deed of grant but in anycase not later than three monthsafter the making of an agreement for sale pursuant to theprovisions of subsection (5) ofthis section, or the determination of the purchasing price ofthe land as prescribed bysubsection (6) of this section,whichever is the later.

The Crown shall not beliable to pay compensation forany loss or damage alleg~d

to have been occasioned(directly or indirectly) by reasonof such election not toproceed."

44 Sch.l ACQUISITION OF LAND ACf 1967-1977


PART II-continued



15 Geo. V, No. 32 "The City of Section thirty-seven is repealedas subsequently Brisbane Acts, and the following section isamended 1924 to 1966 " inserted in its stead:-

" [37.] Acquisition of land.(1) For the purpose of takingany land granted in fee-simplerequired for any purpose ofthisAct, Brisbane City Councilshall be a constructing authorityunder" The Acquisition ofLandAct of 1967," and, subject tothis Act, that Act shall applyand extend accordingly.

(2) The Council may expendmoneys from the City Fund forthe purpose of making surveysand obtaining plans, estimates,and reports as to the cost ordesirability of taking any landsfor any purpose of this Act:

Provided that in the event ofsuch lands being taken by theCouncil such preliminary expenditure shall be charged tothe special account to whichthe cost of such taking ischarged.

(3) The Council may inrespect of land taken by it as aconstructing authority under" The Acquisition ofLand Act of1967" do all or any of thefollowing things that is tosay:-

(a) demolish, alter, improveor retain any buildings orerections thereon;

(b) construct or erect newbuildings thereon;

(c) dedicate any part thereofand construct the same asa road for public use;



PART II-continued

Sch.l 45



(d) generally alter, remodeland improve such landand in such manner as itmay think fit;

(e) with the prior approvalof the Minister, leasethe whole or any partof such land for suchperiods and on suchterms and conditions asit may think fit until suchtime as the land may berequired for the purposefor which it was taken;

(f) jf the land or any partthereof is found to be notrequired for the purposefor which it was taken,with the prior approvalof the Minister sell thesame."

17 Geo. V, No. 12 "The Water Acts,as subsequently 1926 to 1967 "amended

1. Section 17B is repealed and thefollowing section is inserted inits stead:-

"[17B.] Acquisition of land.(I) The Commissioner mayacquire by agreement orresumption any land which, inthe opinion of the Commissioner, is required for thepurposes of this Act.

(2) In respect of theacquisition by resumption ofany land the Commissionershall have and may exercise thepowers and authorities of aconstructing authority under" The Acquisition ofLand Act of1967," and, subject to thissection, that Act shall applyand extend accordingly.



PART II-continued


Short title Extent of Alnendment

(3) As well as land grantedin fee-simple the Commissioneras a constructing authorityunder" The Acquisition ofLandAct of 1967," may take landwhich is held from the Crownfor a lesser estate or interestthan fee-simple.

(4) If the Commissionerproposes to acquire any landand the acquisition of suchland will sever it from otherland of and used togethertherewith by the owner(whether or not abutting t]lereon) the Commissioner, withthe approval of the Ministerand the consent in writing ofthe owner, may acquire byagreement or by resumptionthe whole or part of that otherland.

(5) Section twenty-two of" The Acquisition of Land Act0.1· 1967," shall apply so thatthe power thereby conferredupon the Governor in Councilto grant land shall includepower to demise land forsuch leasehold estate under" The Land Acts, 1962 to ]967,"as the Governor in Councildeems appropriate in thecircumstances."

2. Section 27A is repealed andthe following section is insertedin its stead:-

" [27A.] Resumption of land,etc. (1) A Board shall, inrelation to land as definedtherein, be a constructingauthority under and within the



PART II-continued

Sch.l 47



meaning of "The Acquisitionof Land Act of 1967," and thepurposes for which land asdefined by that Act may betaken by the Board thereundershall include any works orpurpose with respect or inrelation to which any right,power or;authority is conferredor duty or obligation imposedupon the Board under this Act.

(2) The Minister for the timebeing adn1inistering " The LandActs, 1962 to 1967," mayresume for any purposespecified in subsection (J) ofthis section any land otherthan land as defined in "TheAcquisition of Land Act oj"1967," and all of the provisionsof "I'he Land Acts, 1962 to1967," relating to resumptionsthereunder shall, with and sub-ject to all necessary adaptationsapply and extend accordingly.

(3) Where land assigned toa sugar mill is taken, TheCentral Sugar Cane PricesBoard may, and is herebyempowered to, grant an assignment of other land to the sameor another sugar mill ill thestead of the assigned land sotaken. The value of anyassignment so granted orproposed to be so grantedsllall be set off against thecompensation payable."

3. Section 54c is repealed.



PART II-continued



1 Geo. VI, No.4" Theas subsequently Acts,amended 1967 "

Hospitals1936 to

1. Subsection (5) of sectionthirteen is amended by omittingthe word and symbol "taking,".

2. Subsection (2) of sectiontwenty-six is amended byomitting the words " shall havefull power and authority to takeany land, and ".

2 Geo. VI, No.3" The Stateas subsequently Development andamended Public Works

OrganisationActs, 1938 to1964 "

Section 8B is amended by-(a) in subsection (I) omitting

the words, numerals andquotation marks " " ThePublic Works Land Resumption Acts, 1906 to J938 " "where they appear twice andinserting in their stead whereso omitted twice the words,numeral and quotation marks" "The Acquisition of LandAct of 1967 " ";

(b) omitting subsection (2);(c) renumbering subsection (3) to

be subsection (2) and omittingtherefrom as so renumberedthe words, numerals andquotation marks " " ThePublic Works Land Resumption Acts, 1906 to 1938,""and inserting in their stead thewords, numeral andquotation marks " " TheAcquisition of Land Act of1967 " ";

(d) omitting subsections (4) and(5) and inserting in their steadthe following subsections:-

"(3) Notwithstanding anyprovision of " The Acquisitionof Land Act of 1967," landtaken by the Co-ordinatorGeneral shall, according as the



PART II-continued

Sch.l 49

Year and Number Iof Act


Proclamation taking same or alater Proclamation provides,vest in the Crown, theCo-ordinator-General, anyinstrumentality representingthe Crown, any local body, orany other person whomsoever.

The Governor in Council,upon th~ recommendation ofthe Co-ordinator-General, byOrder in Council may divestany land from the Coordinator-General and vestthe same in the Crown, aninstrumentality representing theCrown, a local body, or otherperson whomsoever.

(4) As well as land grantedin fee-simple the Co-ordinatorGeneral as a constructingauthority under " The Acquisition ofLand Act of 1967," maytake for any works or purposeunder this Act land which isheld from the Crown for alesser estate or interest than feesimple.

Any land referred to in thissubsection shall, if vested in theCo-ordinator-General, aninstrumentality representing theCrown, a local body, or otherperson by the Proclamationtaking it, be vested in him or itfor an estate in fee-simple.

The Governor in Council ishereby authorised to so vestand grant in fee-simple the landsubject to such reservations andconditions as are authorised orprescribed by " The Land Acts,1962 to 1967."



PART l[-col1tinuell


Short title Extent of Amendnlent

(5) Any land taken by theCo-ordinator-General whichhas been vested in the Crown bythe Proclamation taking theland shall be and remain Crownland until the sanle is,according to the works orpurpose for which the landshall have been taken, dealtwith as prescribed.

(6) H The ACQU1:sitiol1 oj'Lant/Act of 1967," shall be readwith and subject to all suchmodifications and adaptationsthereof as are necessary to giveoperation and effect to subsection (I) of this sectionincluding, as respects any landin question, by reading anyreference therein to theRegistrar of Titles as referringto the person or authoritycharged with registeringinstruments evidencing thetitle to the estate or interest inthat land held from theCrown.";

(e) renumbering subsection (6)to be subsection (7);

(f) omitting subsections (7) and(8);

(g) renumbering subsections (9)and (10) to be respectivelysubsections (8) and (9);

(h) omitting subsection (II).

4 Geo. VI, No.5" The River Section nine is repealed and theas subsequently Improvement following section is inserted inamended Trust Acts, ]940 its stead:-

to 1965" " [9.] Compulsory acquisitionof Jand. (1) In respect of any


FIRST SCHEDULE-contiIlUe(/

PART II-co/1tinuell

Sch. 1 51


9 Geo. VI, No. 24as subsequentlyamended

Short title

" The StateHOllsing Acts..1945 to 1966"

Extent of Amendment

\vorks or purpose with respector in relation to which anyright, power or authority isconferred or duty or obligationimposed upon the Trust underthis Act, the l~rust shall be aconstructing authority under"The Acquisition oj'Land Actoj' 1967.",

(2) Where, land assigned to asugar mill is taken the CentralSugar Cane Prices Board may,and is hereby empowered to,grant an assignment of otherland to the same or anothersugar mill in the stead of theassigned land so taken.

The value of any assignmentso granted or proposed to be sogranted shall be set off againstthe compensation payable."'.

Section twenty-two is amendedby onlitting subsection (2) andinserting in its stead thefollo\ving subsection:-

H (2) (a) The Comnlissionshall be a constructingauthority within the meaning of"The Acquisition of Land Actof 1967," for the purposes ofexercising its powers andauthorities under this Act.

(b) As well as land granted infee-simple the Commission as aconstructing authority under" The Acquisition of Land Actof 1967," may take for thepurpose of exercising its po\-versand authorities under this Actland \vhich is held from theCrown for a lesser estate orinterest than fee-simple.

52 Sch.1 ACQUISITION OF LAND ACT 1967-1977


PART II-continued



Any land referred to in thisparagraph (b) shall, if vested inthe Commission by theProclamation taking it, bevested in it for an estate in feesimple.

The Governor in Council ishereby authorised to so vest andgrant in fee-simple the landsubject to such reservations andconditions as are authorised orprescribed by" The Land Acts,1962 to 1967 ".

(c) Any land taken by theCommission which has beenvested in the Crown by theProclamation takiQg the landshall be and remain Crownland until the same .isaccording to the purpose forwhich the land shall have beentaken, dealt with as prescribed.

(d) " The Acquisition ofLandAct of 1967," shall be readwith and subject to all suchmodifications and adaptationsthereof as are necessary to giveoperation and effect to paragraph (b) of this subsectionincluding, as respects any landin question, by reading anyreference therein to theRegistrar of Titles as referringto the person or authoritycharged with registering instruments evidencing the title tothe estate or interest in thatland held from the Crown."

ACQUISITION OF LAND ACf 1967-1977


PART If-continued

Sch. 1 53



II Geo. VI, No. 16 "The Ne~v SouthVi'ales - Queens-land BorderRivers Act of1946 ~,

12 Geo. VI, No. 18 "The Coal Industryas subsequently (Control) Acts,amended J948 to J965 "

1. Section fifteen is amended by(a) omitting subsection (2) and

inserting in its stead thefollowing subsection :-

" (2) In respect of the acquisition by resumption of anyland for any purpose of theconstruction, maintenance,operation and control of anyworks referred to in subsection(I) of this section, the Commissioner of Irrigation andWater Supply shall be a constructing authority under " TheAcquisition of Land Act of1967 " ".

(b) omitting subsection (3).2. Section seventeen is repealed.

I. Section thirty-one is amendedby-

(a) in the first paragraph omittingthe words, numerals andquotation marks " " ThePublic Works Land Resumption Acts, 1906 to 1940""and inserting in their steadthe words, numeral andquotation marks " " TheAcquisition of Land Act of1967 " "; and

(b) omitting the proviso (beingthe second paragraph).

2. Sections thirty-two, thirtythree, thirty-four, thirty-five,thirty-six and thirty-seven arerepealed.

3. Section thirty-eight isamended by omitting the words,numerals and quotation marks" "The Public Works LandResumption Acts, 1906 to



PART II-continued

Year and N·Ulnberof Act


1940," as modified by this Act "and inserting in their steadthe words, numeral andquotation marks " " TheAcquisition of Land Act ofJ967 " ".

4. Section thirty-niJle is amendedby omitting the words, numeralsand quotation marks "" ThePublic Works Land ResumptionActs, 1906 to 1940," as modifiedby this Act " where they appeartwice, and by inserting in theirstead where so omitted twicethe words, numeral andq.uotation marks " " TheAcquisition of Land Act of1967 " ".

5. Subsection (7) of section fortyis amended by omitting thewords, numerals and quotationmarks "sections twenty-threeand twenty-six of " The PublicWorlcs Land Resumption Acts,1906 to ]940 " " and insertingin their stead the words,numeral and quotation marks" sections twenty-four, twentyfive and twenty-nine of " TheAcquisition of Land Act of]967 " ".

13 Geo. VI, No. 58 "The Burdekiflas subsequently River Develop-amended ment Acts, 1949

to 1959 "

Section thirty-one is repealedand the following section isinserted in its stead:-

" [31.] Acquisition of land.For the purpose of taking anyland required for any worksunder or for any purpose ofthis Act, the Authority shall



PART II-continued

Sch.l 55



be a constructing authorityunder" The Acquisition ofLandAct of J967." "

I Eliz. II, No. 50 "The Southernas subsequently Electric Authorityalnended of Queensland

Acts, 1952 to1964 "

4 Eliz. II, No. 40 "Theas subsequently Acts,amended 1966 "

Harbours1955 to

Section forty-seven is amended byomitting subsection (2) andinserting in its stead thefollowing fsubsection:-

"(2) The Authority may,with the consent in writing ofthe Commission, take any landgranted in fee-simple requiredby it for a purpose of this Actand for the purpose of takingthe land shall be a constructingauthority under "The Acquisition ofLand Act of 1967," and,subject to this Act, that Actshall apply and extendaccordingly."

Section sixty-two is amendedby-

(a) in subsection (1)-(i) omitting the words, numerals

and quotation marks "ortake under "The PublicWorks Land Resumption Acts,1906 to 1955", as modifiedby this section " and insertingin their stead the words,numeral and quotation marks"or, in the case of landgranted in fee-simple, takeunder "The Acquisition ofLand Act of 1967 " ";

(ii) inserting before the words"all such easements" theword " and ";

(iii) inserting before the words" all such earth " tile \vords" acquire by purchase " ;



PART II-continued

IYear and Number

of ActShort title Extent of Amendment

(b) omitting subsection (2) andinserting in its stead thefollowing subsection :-"(2) A Harbour Board shall

be a constructing authorityunder" The Acquisition ofLandAct of 1967," for the purpose oftaking under that Act any landwhich it is authorised by thisAct to take thereunder."

(c) omitting subsections (3) and(4).

8 Eliz. II, No. 29 "The City of Brisbane (WaterSupply) Act of1959 "

Section ten is amended byomitting subsection (3) andinserting in its stead thefollowing subsection:-

"(3) For the purpose oftaking any land granted in feesimple, either within or withoutthe Area of the City of Brisbanerequired by it for the purpose ofany work or thing to which thissection relates Brisbane CityCouncil shall be a constructingauthority under " The Acquisition ofLand Act of J967." "

8 Eliz. II, No. 58 "Theas subsequently Acts,amended 1964 "

Forestry1959 to

Section thirteen is repealed andthe following section is insertedin its stead:-

" [13.] Taking of land, etc.For the purpose of taking anyland or easement over landunder and for the purposesof this Act, the Conservator ofForests shall be a constructingauthority under " The Acquisition of Land Act of 1967 "."



PART II-continued

Sch.l 57



II Eliz. II, No. 23 "The City of Brisbane (North PineRiver Dam) Act0.[ 1962 "

No. 44 of 1962, as "The Briga/o~v andsubsequently Other Landsamended Development

Acts, 1962 to1967 "

No. 39 of 1963, as "The Northernsubsequently Electric Authorityamended of Queensland

Acts, 1963 to1964 "

Section five is amended byomitting subsection (3) andinserting in its stead thefollowing subsection:-

"(3) For the purpose oftaking any land granted in feesimple, either within or withoutthe Area of the City of Brisbanerequired by it for the purposesof the Pine River Dam or anywork or thing appurtenant tothat dam, including anypumping station, treatmentworks, pipe line or other thingwhatsoever appurtenant to thatdam Brisbane City Councilshall be a constructing authorityunder" The Acquisition ofLandAct of ]967." "

Section 5 is amended by omittingsubsections (4), (5) and (6) andinserting in their stead thefollowing subsection:-

"(4) Notwithstanding anyother provision of this Act,for the purpose of taking anyland granted in fee-simplerequired for the purposes ofthis Act, the Corporation shallbe a constructing authorityunder" The Acquisition ofLandAct ofI967," and that Act shallapply and extend accordingly."

Section thirty-two is amended byomitting subsection (2) andinserting in its stead thefollowing subsection:-

"(2) The Authority may,with the consent in writing ofthe Commission, take any land



PART II-continued



granted in fee-simple requiredby it for a purpose of this Actand for the purpose of takingthe land shall be a constructingauthority under " The Acquisition of Land Act of 1967," and,subject to this Act~ that Actshall apply and extendaccordingly. "

No. 48 of 1964, "The Fire Brigadesas subsequently Acts, 1964 toamended 1966 "

Section eight is amended byomitting subsection (2) andinserting in its stead thefollowing subsection:-

"(2) For the purpose oftaking any land granted in feesimple required by it for apurpose of this Act a Boardshall be a constructing authorityunder" The Acquisition ofLandAct of 1967." "

No.4 of 1965 ~" The Soil Conservation Act of1965 "

I. Section eighty-nine is amendedby-

(a) omitting subsection (I) andinserting in its stead thefollowing subsection:-" (1) For the purpose of

taking any land granted in feesimple required by it for apurpose specified in subsection(2) of this section, a Trust shaHbe a constructing authorityunder" The Acquisition ofLandAct of 1967." ";

(b) in subsection (2) omitting theword "deemed" and thewords "under those Acts".

2. Section ninety is repealed.



PART II-continued

Sch. 1 59


No. 60 of 1964

Short title

" The CitJ' oj' Brisbane TownPlanning Acts,1964 to 1967 "

Extent of Amendment

3. Section ninety-one is repealedand the following section isinserted in its stead:-

" [91.] Acquisition of land byAuthority. For the purpose oftaking any land granted in feesimple required by it for or inconnexioq with any purposeunder this Act including anyworks or purpose with respectto or in relation to which anyright, power or authority isconferred, or duty or obligationimposed upon it under this Act,the Authority shall be a constructing authority under" TheAcquisition of Land Act of1967 ''1.''

1. Section sixteen is amended byomitting subsection (2) andinserting in its stead thefollowing subsection:-

"(2) Where compensationfor injurious affection is claimedunder this Act, instead ofpaying compensation, theCouncil at its option may takethe land and for that purposeshall be a constructing authorityunder " The Acquisition ofLandAct of 1967 ":

Provided that beforeresolving to take the land theCouncil shall obtain the consentof the Minister (which consentthe Minister may grant orrefuse to grant).

In such case the owner shallbe entitled to compensation asif the land were not injuriouslyaffected by reason of the



PART II-continued



coming into operation of anyprovision contained in thePlan or any prohibition Of

restriction imposed by or underthe Plan."

2. Section twenty-three isamended by-

(a) omitting subsection (1) andinserting in its stead thefollowing subsection:-" (1) The Council Inay

purchase or, with the priorapproval of the Governor inCouncil, take any land in theCity which is required for anypurpose of the Plan, whethersuch land is so requiredimmediately or not." ;

(b) in subsection (2) omittingthe words, numerals andquotation marks " under"The City of Brisbane Improvement Acts, 1916 to1953" ";

(c) in subsection (3) omittingthe words, numerals andquotation marks " " The CityofBrisbane Improvement Acts,1916 to 1953 " " and insertingin their stead the words,numeral and quotation marks" "The Acquisition of LandAct of 1967 " "; and

(d) adding the following subsection:-"(6) For the purpose of

taking under this section anyland granted in fee-simple, theCouncil shall be a constructingauthority under " The Acquisition ofLand Act of 1967." "

ACQUISITION OF LAND ACT 1967-1977 Sch.Z 61

[Section 5]SECOND SCHEDULE

Purposes for \vhich land may be taken under and subject to this Act-(a) Abattoirs, ambulances, appliances for the destruction of pests

or vermin, aqueducts, aviation and purposes associatedtherewith, baths and washhouses, beacons, bores, bore drains,botanical or other gardens, bridges, buildings, canals, caravanparks, cemeteries or crematories, charitable institutions, civiccentres or squares, colleges, dams or weirs or other worksfor the conservation or reticulation of water, departmentaland official purposes, docks, dockyards, drainage, educationalestablishments, electrical works, experimental farms, ferries,fire stations, flood gates and flood warnings, flood preventionor flood mitigation, fords, forestry (including afforestation,silviculture, protection of forests and forest products,harvesting, transport, milling, preparing, treating or marketingof forest products, access to or for the purposes of forests,acquisition afforests and forest products and kindred purposes),gas works, gravel and sand pits, gymnasiums, harbours andharbour works, health, hospitals, and hostels (includingfor mentally sick, inebriate or indigent persons), industrialschools, infirmaries, jetties, kindergartens, landing places,libraries, lighthouses, locks, lockups, markets, museums,offices, orphanages, parks, parking of vehicles, police, pounds,prisons, public meetings, public music, pumps, quays, quarries,racecourses, railway and purposes associated therewith,recreation grounds, reformatories, reservoirs, roads, rubbishdepots, schools, septic tanks, sewage farms and disposal worksand depots, sewers, sewerage, shipbuilding, showgrounds,slaughter houses, soil conservation, swimming pools, tramways,universities, weighing machines, wells, wharves, worksfor the protection of the seashore and land abuttingthereon, works for the conservation of hydraulic or otherpower or for any public works or other work, or purposeof a like character and also for the construction or erectionof any public or other works which the constructing authorityis authorised by any Act or resolution of Parliament to constructor erect or for the purposes of any Act;

(b) Setting apart, subdividing, resubdividing, reclaiming, alienating,taking up, occupying, leasing, using as town or suburban landsor dealing with in any manner in which Crown land may bedealt with under" The Land Acts, 1962 to 1967" (whether incarrying out the purposes for which land is taken in any of thecases in this paragraph (b), the land is dealt with separately orin conjunction with any adjacent or other Crown land);

(c) any purpose declared by the Governor in Council by Orderin Council to be a purpose for which land may be taken underand subject to this Act.

11032-By Authority: S. R. HAMPSON, Government Printer. Queensland

INDEXTO

ACQmSIDON OF LAND ACT 1967-1977

APage

Acts-amendment of otherrepeal of other

A.greement-taking of land by

Amendment of Acts ..

Annuity-when land subject to, Land Court to determine what part of

compensation to be paid to person entitled toredemption

BBrisbane City Council-

land taken by agreement .. . . .. ..land taken by Notification of Resumption to be vested in ..may revoke Notification of Resumption before determination

of compensationmeans for taking of land by . . . . . . . . . .not to take land without consent of owner for park or

recreation grounds unless zoned in City of Bris~neTown Plan for purpose open space

when owner entitled to compensation in respect of ..Notification of Resumption. correction of errors in, by

Buil~ingunits-powers of Supreme Court in respect of

cCharges-

due on land t to be deducted from amount claimed (orcompensation

Commencement of Act

Compensation-advance against ..

amount of ..application fordeductions from . . . . . . . . . . . .when not paid within 90 days may be recoverable as

debt due and unpaidassessment ofclaim for .. .. .. .. ..

costs of hearing of. by Land Court. who to pay ..jurisdiction of Land Court for hearing of decision of

Land Court-appeals against . . . . . . . . . .Registrar of Land Court to transmit to Registrar

of Supreme Courtmay be referred to Land Court for determination

by claimant . . . . . . . .by constructing authority . . . .

Crown land may be granted in satisfaction ofdeductions from-

re mortgagesre taxes. rates, charges

easement, etc.• may be granted in satisfaction of . . . .for damage to land in exercise ofany power ofentry upon landfor temporary occupation of land . . . .Land Court may order interest on. when to be paidLand Court to determine what part of, to be paid to persons

entitled to redemption of rent or annuitylimited interest in respect of . . . . . . . .provisions where part only of land subject to rent is taken ..

•. 3 (2), Sch. I, Pt. II3 (I), 5ch. I, Pt. I

IS

3 (2), 8ch. I, Pt. II

33

IS ••12 (I)17

10 ..8 (3)

8 (3)11

31

3'I (2)

23 .•23 (3)23 (I)23 (5)-(7)23 (4)

20192726

26 (2)26 (3)

2424

SSe 24, 25s.22

3232

2136 (5)372833

3034

2,332,32

13

2,33

26

131016

86

69

26

21

2021202121

19192423

2323

2121

11,2220

2626

2028292426

2527

64 INDEX

Compensation-continuedprovisions where right to, is Questionedwho may claim

Constructing authority-additional land incidental to purpose for which the primary

land is to be takenclaim for compensation to be served uponin respect of taking of land by-

Brisbane City Council or approved Local Authorityauthority other than ..

land taken by agreement ..agreement as to compensation . . . .

land taken by Proclamation may be vested into be held for estate or interest . . . . . .

may be required to takes mall parcel of severed landmay grant easement, etc., in satisfaction of compensationmeaning of term .. . . . . . . . . . . . .on amending or discontinuing resumption to file notice thereof

with Registrar of Titlespower to sell or deal with additiona' landpowers of entry upon land of .. . .taking of additional land . . . .temporary occupation of land by ..

notice of intention to be given before . . . . . .to be liable for compensation for damage to land in exercise. of any power of entry upon landto consider objections to taking of land . . . . . .to issue . warrant to sheriff to deliver possession of land to

specified person upon refusal to give up sameto serve notice of intention to resume land ..

when to file copy of with Registrar of Titleswhen may take easement .when may take land . . . .when Registrar of Titles to register

Cprporation-when land taken by Proclamation may be vested in ..

CrowD-Crown land may be granted in satisfaction of compeniationland granted 1'y, upon trust for public purpose-

may ~ dedicated to public use . . . . . .may be granted upon trust to constructing authorityto become upon taking thereof Crown land ..

land taken by Proclamation may be ve$ted in

DDil~pntinuance of f~sumption before publication of

Proclamation or Notification of Resumptioncompensation as to '

Documents-. service of

EEasement-

may be granted in satisfaction of compensationwhen constructing authority may take ..

Entry upon Jand-notice of intention beforepowers of ..

GGovernor in CouDciJ-

may revoke Proclamation before determination ofcompensation

Proclamation, correction of errors in, by . . . .to consider application for taking of land by-

Brisbane City Councilor approved Local Authority ..by Authority other than . . . . . . . .

when may take land on behalf of constructing authority otherthan Crown

1.2918

13 (2)

19

109

15 ..15 (2)12 (I)12 (2)132147 (4) (b)

13(3)36 ..J3 (2)37 ..37 (2)36 (5)

8 (2)38

7 (I)7 (4) (a)65 ..

12 (2)

12 (I)

22

J2 (4)12 (4)12 (4)12 (I)

16

16 0)

39

216

36 (3)36

17

II

JO9 (6)5 (3)

Page

2418

12

19

86

131410II)220

35

~~.2i92928

629

~

~•3II

10

20

IIII1110

30

20..2727

16

9

884

INDEX

LLand-

disposal of . . . . . . . . . .easement of, when constructing authority may takemeaning of term ..powers of entry upon . . . .refusal to give up land, provisions retaking of-

by agreement by constructing authorityagreement as to compensation

by authority other than Brisbane City Council orapproved Local Authorityapplication for ..

content'S ofGovernor in Council to considerto be made within 12 months after date of

notice of intention to resumewhat to be accompanied by . . . . . .

may be required to furnish further particulars ..by Brisbane City Council or approved Local Authority

application for ..contents ofGovernor in Council to considerwhat to be accompanied by ..

may be required to furnish further particularsupon approval of by Governor in Council-

Brisbane City Council to publish Notification ofResumptioncontents ofto be published within 12 months after date of

notice of intention to resumeby Order in Council powers of approved Local

Authorityby Brisbane City Council without consent of owner for

park or recreation grounds only when land zoned inCity of Brisbane Town Plan for purpose of openspace

by Crown upon trust for public purposemay be dedicated to public usemay be granted upon trust to constructing authorityto become Crown land . . . . . . . .

by Notification of Resumption to be vested in BrisbaneCity Council

by Proclamation, provisions recompensation for . . . . . . . . . . . .discontinuance of before publication of Proclamation or

Notification of Resumptioncompensation as to

notice of intention forre objections to ..

owner may require small parcel of severed land to betaken

purposes for which land may be takenby constructing authority . . . . . . . .by Governor in Council on behalf of constructing

authority other than Crownrevocation of Proclamation or Notification of

Resumption for, before determination ofcompensation

temporary occupation of, by constructing authority. notice of intention to be given before . . . .

title to, effected by resumption how to be dealt with

Land Court-may order interest to be paid on compensation, whenreference of claim for compensation to . . . .

by claimant .. . . . .by constructing authority ..~os.ts ~f,. who to pay . . . . . . . . . .JurIsdiction of relating to .. . . . . . . . .

to determine what part of compensation to be paid to personentitled to redemption of rent-charge or annuity

Local Authority-meaning of term .. . . . . . . . . . .means for taking of land by approved Local Authority

MMeaning of terms

Constructing authorityLand .. ..Local authority

65

Page

5.41 306 44 3

36 2738 29

15 1315 (2) 149 6

9 (3) 79 (4) 79 (6) 89 (3) 7

9 (4) 19 (5) 1

10 810 (I) 810 (1) (b) 810 (I) (c) 810 (1) (b) 810 (I)(b) 8

10 (2) 8

10 (2), (3) 8.910 (4) 9

10 (5) 9

8 (3) 6

12 (4) II12 (4) II12 (4) 1112 (I) 10

12 1055. 18-35 18-21s.16 IS

16 IS7 4

5S. 7 (3), 8 4, 6s. 13 12

5, Sch. 2 .. 3,615 (1), (2), Sch. 2 3,4,6JS (3) 4

17 16

37 2~

37 (2) 2914 13

28 24·24 21

24 21

55. 24,25 21,22s.27 24

26 23

33 26

4 3 •

10 H

444

66 lND£X

MeaDi~.of TermJ-eo,,'lnu~dMinister •• .. ..Part .. .•ReaJistrar of Titles

Minister-delegation-revocable at will • • • .may act for CrowD as constructing authoritymay delegate certain authorities and functionsmeaning of term •• . • . . . . . .

Mortaaae-to be reduced from amount claimed for compensation of land

taken by constructing authority

NNotice-

of intention to resume land-constructin, authority to serve . . . .,e failure 0 constructing authority to serve,e objection to ..

how to be dealt withservice of to whom ..to be in writingwhat to state . . . . . . . . . . . .when constructing authority to file copy of with Registrar

of Titlesservice of ..

Notification of Resumption-Brisbane City Council to publish upon approval of taking of

land by Governor in Councilcorrection of erron in, by Brisbane City Council ..discontinuance of resumption before publication of ..rand taken by.! to be vested in Brisbane City Councilpublication 01 in Gazette . . . . . . . . . .

to be conclusive evidence of matters contained therein ..to be judicially noticed uponto take effect from .. . . . . . . . . . .

revocation of, by Brisbane City Council before determinationof compensation

oOffences-

to be prosecuted in summary way under Justices Act

Order in CounciJ-publication of in Gazette . . . . . . . . . .

to be conclusive evidence of matters containcd therein ..to be judicially noticed uponto take effect from .. . .

Owner-may require small p~lreel of severed land to be taken

pPart-

meanina of tcrm

Parts of Act

Proceedings-that began before commencement of this A~t for taking of

!and and compen~ation thereto saving of provision10 respect of

Proclamation-c~rrect~on of errors in, by Governor in Council ..dlscontlnu:lnce of resumption before publication of ..

s. 444

368 (4)36A3684

32

7 (I)7 (5) ..7 (3) (d). (e)8 .•7 (2)7 (3)7 (3)7 (4) (a)

39

10

II1612 (I)43 (1) (a)43 (I) (b)43 (I) (b)43 (I) (e)17

40

43 (I) (a)43 (I) (b)43 (1) (b)43 (I) (e)

13

4

2

3 (3) (a)

1116

Page

333

292828

3

26

8

91510"3131313J16

30

31'313131

12

2

915

INDEX

Proclamation-continuedprovisions re land taken bypublication of in Gazette . . . . . · . · ..

, to be conclusive evidence of matters contained therein ..to be judicially noticed uponto take effect from .. . · · . . . . . . .

revocation ot by Governor in Council before determinationof compensation

RRates-

due on land, to be deducted from amount claimed forcompensation

Rqistrar of Titles-may, by notice, require person possessing instrument

evidencing title to land taken by constructingauthority to be delivered to Registrar

costs or expenses in respect pfto~ borne by constructingauthority

penalty for railu~ there<lC ..meaning of term .. . . . .to register easement, when . . . . . . . . . .upon amendment or discontinuance of resumption construct-

ing authority to file noti·ce thereof withwhen constructing authority to fi e copy of I\otipe of intention

to resume land with .when to register constructing authority

lle~latjons-disallowance of bY Legislative Assem~ly . . . .aaying of before Legislative Assembly .. . . . .may be made prescribing penalty not exceeding $40power to make . . . . • . . . . . . . . .publication oft in Gazette . . . . . . . . . .

to be conclusive evidence of matters contained therein ..to be judicially noticed upon

when to take effect

ae~t-eharge-provisions re compensation where part only of land suwect

to. is takenwhen land subjc\:t to, Land Court to det",rmine what part of

compensation to be paid to person entitled toredemption

Repeal of Acts

sSavinI! ..

Service or documents

Short title

Supreme Court-compensation may be paid to, where rillht to compensation

questionedpowers of.. in respect of buildina unite . . . . . .

TTascs-

due on land. to be deducted trom amount claimed forcompensation

8. 12 ..43 (I) (a)43 (I) (b)43 (1) (b)43 (1) (c)17

35

14 (I)

14 (3)

14 (2)4 ..6 (2)7 (4) (~)

7 (4) (a)

12 (2)

43 (2)43 (I) (4)42 ..42 ..43 (1) (a)43 (1) (I)43 (1) (b)43 (1) (e)

34

33

3 (I), Sch. I, Pe. I

3 (3)

39

I (1) .

29

31

35

61

Page

]03131313116-

27

13

J3

1334~

~

II

313.3.

II3131

2;

26

2, 31

2

30

24

26

27

110~2-By Authority: S. R. HAMPSON. Government Printer, Queensland