About compulsory land acquisition
The Coordinator-General facilitates many of the large-scale infrastructure projects that underpin Queensland's economic development.
Sometimes, the Coordinator-General needs to compulsorily acquire, or take, the land on which these projects are to be built.
Land acquisition process
The main steps of the compulsory acquisition process are as follows:
Throughout the process, representatives of the Coordinator-General are available to assist affected landowners.
Why is land taken?
The Coordinator-General can compulsorily acquire land for:
- undertaking works
- state development areas
- other purposes, including a 'private infrastructure facility' (previously called an 'infrastructure facility of significance').
What land can be taken?
The Coordinator-General can take land with any type of tenure, including freehold. The Coordinator-General can take:
- all of a property
- part of a property
- an easement over a property
- native title rights and interests
- resource interests.
Who is affected?
Parties with an interest in land can include:
- easement holder
- native title holder
- resource interest.
How is land taken?
The Coordinator-General can compulsorily acquire land:
- with the landowner's agreement (section 15 agreement)
- without the landowner's agreement.
The Coordinator-General's preference is to negotiate with the landowner to compulsorily acquire his or her land by agreement.
An agreement can be struck before or after a Notice of Intention to Resume has been issued to the landowner.
If the landowner agrees to the acquisition, the amount of compensation can be finalised at a later date. However, if compensation is also agreed to, this will be included in the agreement.
If the landowner does not agree to the compulsory acquisition of their land, the statutory land acquisition process will run its course.
Dealing with taken land
The Coordinator-General may deal with taken land in a number of ways.
Sections 82 and 125 of the State Development and Public Works Organisation Act 1971 give the Coordinator-General the power to acquire and deal with land, when necessary.
The process for compulsory land acquisitions is set out in the Acquisition of Land Act 1967.
In addition to taking land, the Coordinator-General can purchase properties that come up for sale on the open market.
The Coordinator-General would normally only do this if there was an identified project, need or purpose.