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Yeppoon Hospital Site Acquisition Bill 2006
Yeppoon Hospital Site Acquisition Bill
2006
Explanatory Notes
General Outline
Short Title
The short title of the Bill is the Yeppoon Hospital Site Acquisition Bill
2006.
Policy Objectives
The objective of the Bill is to facilitate the taking of the land for the
purposes of constructing a hospital to service the township of Yeppoon
without undue delay. The present regime under the Acquisition of Land Act
1967 has left this process in uncertainty and this Bill will remove that
uncertainty.
Reasons for the Policy Objectives
The Government wishes to ensure that construction of a new hospital at
Yeppoon starts as soon as possible.
There are a number of problems with the current hospital site at Yeppoon,
the site is:
· located on the beachfront, making it potentially liable to storm
and flood inundation. This is not ideal for a facility which would
be the focus of relief operations;
· undersized and unable to cope with the projected population
increases and service delivery demands over the next 20 years
because there is no ability to expand the built infrastructure on
the current site;
· in need of substantial capital upgrade to continue as a viable
facility. This would be better directed to a new purpose built
facility.
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Yeppoon Hospital Site Acquisition Bill 2006
The Yeppoon hospital is one which has grown out of a community hospital
tradition. The buildings and traditions of the hospital have dictated the way
the health service responds to the needs of the community. The Health
Service Plan for Capricorn Coast Health Services, prepared in 2005,
identifies that a new integrated health service facility can incorporate a
range of services including inpatient, outpatient, community health, aged
care, and possibly co-located private provider services.
All this will help to cater for the projected 63% population increase on the
Capricorn Coast over the next 20 years.
With the need identified in the Health Service Plan, work on locating the
best site commenced.
The site - nearly three hectares of land on the corner of the Rockhampton-
Yeppoon Road and Hoskyn Drive at Yeppoon - is the best available site for
the new hospital and is ideally located just a few kilometres from the heart
of Yeppoon.
Ongoing negotiations with the owner for the purchase of the land have
proved unsuccessful. An offer was made to the owner based on fair market
value for the land. Unfortunately, the owner has chosen not to accept the
government's offer. Consequently a formal Notice of Intention to Resume
was issued in November 2005 which allows for a formal response from the
owner and objections under the provisions of the Acquisition of Land Act
1967. The site has yet to be acquired.
This Bill will authorise the acquisition of this site in the interests of
ensuring construction of the new Yeppoon hospital can commence as soon
as possible.
The legislation will provide certainty that the government will acquire this
parcel of land for hospital purposes but will not prevent further negotiations
proceeding on the price to be paid for the land. If, however, agreement
cannot be reached on the value of the land then this will be determined in
the normal way through the Land Court.
This process will allow building to start on a new hospital for the people of
Yeppoon without any further unnecessary delay.
How the Policy Objectives will be achieved
The policy is to be achieved by
· providing for the taking of particular land in the Bill itself, rather
than relying on a Notice to Resume and subsequent objection
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Yeppoon Hospital Site Acquisition Bill 2006
process to determine this, as is required under the Acquisition of
Land Act 1967; and
· preserving the owner's right to compensation under the
Acquisition of Land Act 1967.
Alternatives to the Bill
There are no non-legislative methods by which the objects of the Bill can
be achieved.
The only legislative alternative to the Bill would be to continue with the
acquisition process under the Acquisition of Land Act 1967. That process
is proving unacceptably slow and it is in the public interest to ensure
construction of the new Yeppoon hospital can commence as soon as
possible.
Estimated administrative cost to the Government for
implementation
The administrative costs to Government will be those normally associated
with the resumption of interests under the Acquisition of Land Act 1967.
Compensation rights of current land owners and others with an interest in
the land will not be changed by the Bill.
Consistency with Fundamental Legislative Principles
The Bill is consistent with the fundamental legislative principles. Whilst
the Bill removes the right of an owner to be notified or to object to the
resumption of land, the Bill protects the owner's right to claim
compensation and the right to have compensation determined by the Land
Court.
This unusual course of action is considered by the Government to be
balanced by the greater public interest of being able to progress with a
much needed hospital.
Consultation
Community
No specific community consultation has occurred on this Bill. Resumption
is normally a matter between a land holder and the authority acquiring the
land.
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Yeppoon Hospital Site Acquisition Bill 2006
There has been select consultation with stakeholders about the need for a
new hospital, which is required to replace an obsolete, poorly located and
undersize facility. This consultation occurred during the preparation of the
Health Service Plan for Capricorn Coast Health Services carried out by
health service consultants in 2005.
The Livingstone Shire Council has also been consulted regarding the new
hospital.
Government
Representatives of the Department of the Premier and Cabinet, Co-
ordinator General and Queensland Health were consulted in relation to the
Bill.
Results of consultation
Community
The community and Livingstone Shire Council support the construction of
the hospital at Yeppoon in the timeliest manner.
Government
All Departments consulted support the Bill.
Notes on Provisions
Short title
Clause 1 provides that the short title of the Bill is the Yeppoon Hospital Site
Acquisition Act 2006.
Definitions
Clause 2 sets out the definitions used in the Bill. The definition of
"Yeppoon land" describes the land in Yeppoon that is being acquired for
the construction of a hospital.
Taking of Yeppoon land
Clause 3 provides that the Yeppoon land is taken by the State for the
purpose of a hospital and associated health and medical facilities. The land
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Yeppoon Hospital Site Acquisition Bill 2006
will vest in the State and become unallocated State land free of any interest
or obligation. The land will stay unallocated State land until a freehold title
is registered over it to the State of Queensland. This provision ensures the
State can deal with this land after acquisition as necessary to achieve the
purpose of the acquisition.
Application of the Acquisition Act
Clause 4 provides that the Acquisition of Land Act 1967 applies to the
taking of the land specified in clause 3 above subject to necessary changes.
The changes are necessary because the resumption is being effected by this
Bill instead of the usual processes.
Some changes are specified in the Schedule and are described in that part
of the notes. The changes made in clause 4 are:
· Despite the land being taken under this Bill, a person who has
interest in the land has the right to claim compensation under the
Acquisition of Land Act 1967;
· Several changes are made to the provisions of the Acquisition of
Land Act 1967 to reflect the differences between the resumption
of the Yeppoon land and a normal resumption of land under that
Act which are:
· It is normally a constructing authority that resumes
land and pays compensation rather than the State; and
· The filing of an application for compensation normally
requires the claimant to file in the Land Court a notice
of intention to resume and a gazetted copy of the
resumption notice. Neither is required under this Bill
for the resumption of the Yeppoon land.
Objection under Acquisition Act
Clause 5 provides that any objection that had been lodged under the
Acquisition of Land Act 1967 in regard to the land being resumed by this
Bill and not finally dealt with is taken to be withdrawn. This provision
ensures that the land can be resumed by the State immediately but does not
affect any claim to compensation that an interested party may have.
Regulation-making power
Clause 6 provides that the Governor in Council may make regulations
under this Bill.
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Yeppoon Hospital Site Acquisition Bill 2006
Schedule - Provisions of Acquisition Act that do not apply
The Schedule sets out provisions of the Acquisition of Land Act 1967 that
do not apply to the resumption of land under this Bill. The changes are
necessary because the resumption is being affected by this Bill instead of
the usual processes. Details are as follows
Section Subject matter of section
5 Purposes for which land may be taken
6 Easements
7 Notice of intention to take land
8 Dealing with objections
9 Ways in which land is to be taken
11 Amending of gazette resumption notice
12(other than as Section 12 relates to the effect of a gazette resumption
provided by notice. Under this Bill there will be no need for a
section 4(3) of gazette resumption notice. Section 3(3) of this Bill
this Bill) preserves the right to claim compensation in the
absence of such notice.
12A Section 12A requires a constructing authority to lodge
a new plan of survey for particular land if the land
taken is subject to a building units plan. The Yeppoon
hospital site is not subject to a building units plan.
13 Section 13 provides that an owner may require a small
parcel of severed land to be taken by the constructing
authority where that land is of no practical use. There
will be no such small block of land in respect to the
Yeppoon hospital site.
15 Section 15 relates to taking by agreement. There is no
agreement in relation to the Yeppoon hospital site.
16 Section 16 provides for discontinuance of resumption
before publication of gazette resumption notice.
There need be no gazettal of a resumption notice
under the provisions of this Bill.
17 The section deals with the revocation of a notice of
resumption before determination of compensation.
Under this Bill there need be no notice of resumption
with the resumption of the land being immediate and
compensation being determined later.
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Yeppoon Hospital Site Acquisition Bill 2006
21 Grant of easement etc. in satisfaction of
compensation. In this case it would not be appropriate
to grant the current landowner an easement on any
part of the Yeppoon land.
31 Powers of Supreme Court in respect of building units.
This section is not relevant to the Yeppoon hospital
site because the land being resumed does not involve
building units being resumed.
31A Powers of District Court for community titles scheme.
This section is not relevant because the Yeppoon
hospital site land does not involve a community titles
scheme.
36 The section deals with powers of entry and the like
prior to resumption of the land, for purposes such as
valuation of the land, surveying etc. The section is
unnecessary because on commencement of this Bill,
the land the subject of this Bill will vest in the State
immediately.
37 Section 37 provides for temporary occupation of land.
The provision is unnecessary because, on
commencement of this Bill, the land the subject of this
Bill will vest in the State immediately.
41 Section 41 deals with disposal of land by the
constructing authority. It provides that if, within 7
years of taking the land, the constructing authority no
longer needs the land, it be offered to the former
owner at a price determined by the chief executive.
The section does not need to apply to the proposed
Yeppoon hospital site because the land will definitely
be used for the hospital.
Part 6 Part 6 deals with transitional provisions relating to
previous amendments to the Acquisition of Land Act
1967. Those provisions can have no application to the
proposed Yeppoon hospital site acquisition.
© State of Queensland 2006