Acquisition of Land Act 1967
| Acquisition of Land Act 1967 | |
|---|---|
 | |
| Parliament of Queensland | |
| |
| Enacted by | Parliament of Queensland |
| Repeals | |
| Public Works Land Resumption Act 1906 and Railway Acts 1914 | |
| Status: In force | |
The Acquisition of Land Act 1967 (ALA) is an Act of the Parliament of Queensland. The ALA establishes authority for the Queensland Government to acquire land for specific purposes including the creation of roads, railways, and other essential infrastructure. The acquisition of land in this way is referred to in Australian legal jurisdictions as ‘compulsory acquisition’, known internationally as eminent domain. The ALA does not allow such acquisition for a private purpose, only by the State for one of the purposes specified.
The Coordinator General of Queensland is responsible for acquiring land for the completion of infrastructure projects. Any land or property can be acquired under the Act.[1]
History
[edit]Compulsory acquisition in Queensland was originally regulated by the Public Works Land Resumption Act 1906.[2] The ALA inherits much of its substance from this legislation, particularly its compensation provisions.[3]: 2
Process
[edit]The ALA provides for a variety of specific purposes under which land can be acquired. Examples include transportation, the environment, health, water, planning, and essential public infrastructure and services.[4] The State of Queensland may acquire land for these specific reasons under the ALA, private acquisition is not provided for. Where the government plans to acquire land for a specific purpose, the owner is notified through a Notice of Intention to Resume.[4] An owner can object, however if the relevant Minister is satisfied the acquisition is appropriate then their landholder right is converted to a right to claim compensation for loss of land. There is no possibility to appeal a decision of compulsory acquisition.[4]
The acquisition of land under the ALA can be controversial. Moreton Bar Regional Council in 2020 sought to acquire privately owned land under the ALA in order to create a retarding basin.[5]
Provisions
[edit]Part I - Preliminary
[edit]Sets out an introduction of the Act, including definition of terms and its relationship with other acts. The part also deals with the Act's relationship with native title.[6]
Part II - Taking of land
[edit]Enables ‘constructing authorities’ to acquire land for public purposes.[7] Sets out the processes by which this occurs, including with or without agreement of the title holder.[8]
Part III - Discontinuance of taking of land
[edit]The process by which a constructing authority can discontinue the resumption of land.
Part IV - Compensation
[edit]Relates to a number of issues regarding compensation including:
- Who can claim compensation
- Assessment of compensation
- Costs, interest, mortgages, and rent
- Taxes, rates and charges
Amendments
[edit]Acquisition of Land and Other Legislation Amendment Act 2008
[edit]This amendment, passed in 2009, made numerous and substantive changes to the ALA.[9] It codified the need for a body corporate to be served with appropriate notice if common property is to be acquired. This amendment also introduced a requirement to provide advice of rights to compensation.
References
[edit]- ^ "Compulsory land acquisition frequently asked questions". www.statedevelopment.qld.gov.au. 2020-09-14. Retrieved 2022-05-02.
- ^ Public Works Land Resumption Act 1906 (Qld).
- ^ Allan, Grant (March 2013). "Compulsory Acquisition: The Assessment of Compensation Under the Acquisition of Land Act 1967 (Qld)" (PDF). Macrossan Chambers. Retrieved 25 June 2022.
- ^ a b c Smith, Paul, "Compulsory Acquisition of Property for Government Purposes and Compensation for Loss of Rights", Land Court of Queensland.
- ^ Woffenden, Ellen (2020). "Genamson Holdings Pty Ltd v Moreton Bay Regional Council [2020] QSC 84". Environmental Law Reporter. 39.
- ^ Acquisition of Land Act 1967 (QLD) s 1-4B.
- ^ "Government land acquisition and resumption | Legal and property rights". www.qld.gov.au. Retrieved 2022-05-01.
- ^ Acquisition of Land Act 1967 (QLD) s 5-15D.
- ^ Dunphy et al. (2009).
Bibliography
[edit]- Academic literature
- Powell, Peter (2009). "Recent Amendments to the Acquisition of Land Act 1967". Local Government Law Review. 99: 12–15 – via LexisNexis.
- Ritchie, Marcus (2013). "Compulsory acquisition of privately owned land in the Australian jurisdictions: Is the (compulsory acquisition) cart before the (planning and environment) horse". Australian Property Law Journal. 22: 28–69 – via LexisNexis.
Dunphy, Barry; Dwyer, Pat; Doran, Jamie; Pollard, Majella (23 February 2009). "Acquisition of Land Act 1967 (Qld) to be substantially amended". Clayton Utz. Retrieved 1 December 2022.
- Legal cases