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©State of Queensland
QUEENSLAND
RAILWAYS LAND ACQUISITION ACT 1977, No. 17
[Reprinted as at 1 September, 1983]
An Act to make provision with respect to the power of The Commissioner for Railways to take or otherwise acquire land for railway purposes and for related matters
[ASSENTED TO 14 APRIL, 1971]
BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:-
1. Short title. This Act may be cited as the Railways Land Acquisition Act 1977.
2. Meaning of terms. In this Act save where a contrary intention appears-
( a) "the Commissioner" means the corporation sole constituted by The Railways Act of 1914 under the name, The Com-
missioner for Railways;
(b) an expression (other than the expression defined in provision (a)) to which a meaning is assigned by the Railways Act 1914-1976 has that meaning when used in this Act.
3. Taking and purchase of land. The power conferred on the Commissioner by the Railways Act 1914-1976 to purchase and hold land or to take land includes power to purchase and hold or, as the case may be, to take land or an easement in land in the circumstances defined by this Act.
4. Circumstances in which land etc. may be acquired. ( 1) If, in the opinion of the Commissioner, land is or is likely to be required for the purposes of the railway that at the date of commencement of this Act is constructed between Roma Street Station and Brunswick Street Station in Brisbane or for the improvement, development, extension or expansion of or deviation from that railway or for the provision of a new railway between those stations the Commissioner may acquire that land or an easement of such description llS he co\}siders appropriate in that land.
2 ss.
s.
6 RAILWAYS LAND ACQUISITION ACf 1977( 2) The Commissioner may exercise his powers of acquisition in.
the circumstances defined in subsection ( 1) notwithstanding that- ( a) the acquisition is in respect of land or an easement in land
(b)
(c)
beneath the surface and, save as is prescribed by this Act, will not vest in the Commissioner rights to or in the surface;
in the case of an acquisition of an easement, the easement is not to be annexed to or used and enjoyed together with a dominant tenement or is not to be used and enjoyed in
common with any other person; or
plans, sections and books of reference of the improvement, development, extension, expansion, deviation or new railway referred to in subsection ( 1) have not been laid before the Legislative Assembly pursuant to the Railways Act 1914- 1976.
5. Rights affected by subterranean acquisition. Where in the circumstances defined in section 4 the Commissioner has acquired land or an easement in land that in either case is beneath the surface a person shall not, without the approval of the Commissioner first had and obtained or otherwise than in accordance in every respect with the conditions and specifications specified by the Commissioner in respect of his approval-
( a) erect or place or suffer to be erected or placed a building or structure on or in the soil, whether surface or not, that is superincumbent upon the land acquired by the Commissioner or in respect of which he has acquired the easement or alter or suffer to be altered a building or structure at any time on or in such soil; or
(b) excavate or suffer to be excavated the soil that is superincum- bent upon the land acquired by the Commissioner or in respect of which he has acquired the easement.
6. Removal of buildings without compensation. ( 1) If the Commissioner is satisfied that-
( a) a building or structure erected or placed on or in soil or altered in breach of section 5 is likely to render impracticable, unsafe or liable to damage the tunnel or other structure or the railway for the construction or operation of which he has acquired the subjacent land or easement; or
(b) the construction of a tunnel or other structure or the operation of a railway in the subjacent land acquired by him or .subject to an easement acquired by him is likely to render liable to damage a building or structure erected or placed on or in soil
or altered in breach of section 5,
he may in writing order the owner of the building or structure to demolish or remove the same within a time specified by the Commissioner in the order.
RAU.WAYS LAND ACQUISITION ACf 1977 s. 7 3
(2) An order under subsection (1) shall be served on the owner of the building or structure to which it relates.
Without prejudice to other means of service available, an order under subsection ( 1 ) shall be taken to have been properly served on the owner of a building or structure if-
(a) in the case of an owner that is a body corporate, it is addressed to that owner in its corporate name and delivered to its registered office in Queensland;
(b) in the case of an owner who carries on business under a business name registered under the Business Names Act 1962-1976, it is addressed to the owner in his business name and delivered to his principal place of business;
(c) in any case, it is addressed to the owner and delivered to the person apparently in charge of the building or structure.
( 3) If the owner to whom an order under subsection (1) is addressed does not, within the time specified in that behalf in the order, cause to be demolished or removed the building or structure to which the order relates the Commissioner may cause the same to be demolished or removed, as he thinks fit, and for that purpose he and his agents and servants shall have free access to the building or structure and to the land on or in which it is erected or placed.
The costs and expenses incurred by the Commissioner in demolishing or removing a building or structure to which an order under subsection ( 1) relates may be recovered by him from the owner as a debt due and owing by the owner to the Commissioner by action in a court of competent jurisdiction.
( 4) In no case shall compensation be payable to the owner of a building or structure to which an order under subsection ( 1 ) relates or of any part thereof or to any other person on account of the demolition or removal thereof.
7. Compensation not payable if s. 5 breached. If a building or structure, which has been erected or placed on or in soil or altered in breach of section 5, suffers damage as a result of the Commissioner applying land or exercising his rights under an easement, in either case acquired by him in the circumstances defined in section 4, to a purpose for which the land or easement was acquired, no compensation shall be payable to the owner of the building or structure or any part thereof or
to any other person on account of such damage.
6032:!-By Authority: S. R. HAMPSON, Government Printer, Queensland
INDEX
TO
RAILWAYS LAND ACQUISITION ACT 1977
Acquisition of land- by Commissioner
circumstances of . . . . . . . . . . rights affected by, beneath the surface Act-
shon title of
Buildings-
alteration of, on acquired land . . . .
A
B
damage to, re payment of compensation . . . . . . erection of, on acquired land . . . . . . . . . . owner of, may be ordered to remove or demolish . removal of, without compensation . . . . when owner of, properly served with order
c
Commissioner-
circumstances of acquisition of land by . . . costs and expenses incurred by, re demolition
may acquire land . . . . . . . . . . . . . . . . . . . . . . may exercise powers of acquisition re land under the surface and
easements .
meaning of term . . . . . . . . . . . . . . . . . . to approve of erection on, or excavation of land acquired Compensation-
non-payment of, re removal of buildings . . . . . . . . non-payment of, when damage caused by Commissioner
E
Easements-
acquisition of, and circumstances of purchase.
L
Land-
acquisition of, ~enerally. . . . . . . . . . . . . . . acquisition of, mcluding easements and under the surface circumstances of acquisition of . . . . . . . . . . . . may be acquired notwithstanding certain circumstances
ss. 3, 4 (I) s. 4
5
5 (a) . 7 . 5 (a) ..
6 (I) . 6 ..
6 (2).
4 6 (3).
ss. 3, 4 (I) s. 4 (2) ..
2 (a).
5
4 (2).
3 4 (2).
4 4 (2).
Page
I I 2
2 3 2 2 2 3
2
I 2 I 2
6 INDEX
M
Meaning of terms-
an expression to which meaning is assigned under Railways Act the Commissioner
0
Order-
to he served on owner of building re removal and demolition when owner fails to comply with . . . . . . . . . . . . when properly served
Owner-
compensation not payable to costs may he recovered from ..
failure by to comply with order . service of order on .
Purchase of land- by Commissioner
circumstances of . . . . . . . . rights affected by, below the surface
p
R
Railway operations incompatible with private buildings Railways Act-
re definition of Commissioner re meaning of terms Removal of buildings-
by Commissioner ..
costs in, recoverable no compensation for
Shon title of Act
Subterranean acquisition-
s
Commissioner to approve erection on, or excavation of rights affected by
s. 2 (b) ..
2 (a).
6 (I) . 6 (3) ..
6 (2).
ss. 6 (4), 7 s. 6 (3) ..
6 (3) ..
6 (2).
ss. 3, 4 (I) s. 4
5
6 (I).
2 ~a) . 2 b)
6 (3) ..
6 (3).
6 (4)
60322-By Authority: S. R. HAMPSON, Government Printer, Queensland
Page
2 3 3
3 3 3 3
I I 2
2
2 2
