Railways Land Acquisition Act 1977 (Qld)

141 At% Wilecuslaub ANNO VICESIMO SEXTO ELIZABE T H AAE .SEECSUNE D ACE EREJ G A I NAEE No. 17 of 1977 An Act to mak e provision w ith res pect to the power of Th e Com m issioner for Ra i l ways to take or othe rw i s e acq u i r e land for ra ilway p urp oses an d for related matters [ASSENTED TO 14TH APRIL, 1977] 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 Commissioner for Railways; (b) an expression (other than the expression defined in provision (a)) to which a meaning is assigned by the Railti,w •s Act 1914-1976 has that meaning when used in this Act.

142 Railways Land Acquisition Act 1977, No. 17 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 as he considers appropriate in that land. (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 beneath the surface and, save as is prescribed by this Act, will not vest in the Commissioner rights to or in the surface; (b) 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 (c) 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 bef,re 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 superincumbent upon the land acquired by the Commissioner or in respect of which he has acquired the easement.

Railways Land Acquisition Act 1977, No. 17 143 6. Removal of buildings without compensation . Commissioner is satisfied that- (1) If the (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. (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 BusinessNames Act1962-1976, 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 he payable to the owner of ia building or ,tructure to is hick an order under subsection (1) reiates or of any par, thereof or to any cnh.. person on account of the de,no.htion or removal thereof.

144 Railways Land Acquisition Act 1977, No. 17 7. Compensation no t 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.