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Acquisition of Land Act 1967 – 1 July 2014

Acquisition of Land Regulation 2014 – 1 July 2016

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The purposes for which land may be taken to allow construction by the government are set out in section 5 of the Act (and Schedule 1). Note: Where there is no resumption agreement in place, a constructing authority which proposes to take any land shall serve a notice of intention to resume upon the land owner/mortgagee. The relevant notice will state the particular purpose for which the land to be taken is required and among other matters, include wording that the constructing authority is willing to negotiate to acquire by agreement or, failing agreement, to treat as to the compensation to be paid and all consequential matters. The acquisition is only effective upon publication of a gazette (resumption) notice. The gazette resumption notice provides a right to claim compensation under this Act pursuant to subsection 12(5) of the Act. A copy of the gazette resumption notice is to be served upon relevant parties pursuant to subsection 12(7) of the Act. Note: A claim for compensation shall be in writing and comply with the requirements of section 19 of the Act.

  • Sections 2, 5, 6, 7, 8, 9, 12, 13, 14, 15, 15A, 15B, 15C, 15D, 15E, 15F, 15G, 15H, 18, 19, 20, 23, 24, 25, 26, 26A, 35, 39, 43, Schedules 1, 2; Regulation 3

If the owner or occupier of the land taken refuses to give up possession, the sheriff may remove that person through execution of a warrant.

  • Section 38
Reason for law

N/A

Relevant links

When the government reclaims land [Queensland Government]

About compulsory land acquisition [Department of State Development, Infrastructure and Planning]

Land and property resumptions [Department of Transport and Main Roads]

The Land Court of Queensland, Australia
Court Forms
Practice Directions
Search Decisions

Critique

The following sections contain the term ‘Crown’: sections 5, 12, 18, 22, 23, 32, 35, 36A and 37. This term may not be understood by members of the public.

Section 11 contains the phrase ‘bona fide’. This phrase may not be understood by members of the public.

Subsection 38(2) needs to be rethought for the purposes of suicide prevention.

Suggested further reading

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PLEASE NOTE: The information published on this webpage may be out-of-date. Please compare the currency date of the Act/Regulation against that published on the Office of the Queensland Parliamentary Counsel website. If you require access to Commonwealth statute law, please visit the ComLaw website. If you require access to the local council laws (by-laws), please visit the Local laws database.

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