Queensland Consolidated Acts

ECONOMIC DEVELOPMENT ACT 2012 - SECT 20A

20A When MEDQ may take land

(1) MEDQ may take land for either of the following purposes—

(a) to provide infrastructure for the benefit of a priority development area;

(b) to give effect to a place renewal framework for a place renewal area.

(2) However, MEDQ may take the land only if—

(a) MEDQ is satisfied the taking of the land is necessary for a purpose mentioned in subsection (1) ; and

(b) the Minister is satisfied the taking of the land is in the public interest.

(3) MEDQ’s power to take the land for a purpose mentioned in subsection (1) —

(a) applies even though—

(i) the taking of the land is for conferring rights or interests in the land on another entity; and

(ii) an entity may derive a measurable benefit from any action taken on the land to facilitate the purpose mentioned in subsection (1) ; and

(b) includes the power to take, from time to time as required, land for a purpose incidental to a purpose mentioned in subsection (1) .

(4) If the taking of the land is for conferring rights or interests in the land on another entity, MEDQ may take the land only if reasonable steps have been taken to obtain the agreement of the owner of the land to actions on the land that would facilitate the purpose mentioned in subsection (1) for which the land is being taken but the owner has not agreed to the actions.

(5) The process under the Acquisition of Land Act 1967 for the taking of land, and the payment of compensation for taking land, applies in relation to the taking of land under this section as if the land were being taken under the Acquisition of Land Act 1967 by—

(a) MEDQ as a constructing authority under the Acquisition of Land Act 1967 ; and

(b) the Minister as the relevant Minister under the Acquisition of Land Act 1967 .

(6) The Acquisition of Land Act 1967 must be read with and subject to the modifications and adaptations necessary to give operation and effect to subsection (5) .

(7) To remove any doubt, it is declared that the taking of land under this section is not a taking of land under the Acquisition of Land Act 1967 .