Queensland TRANSPORT (GLADSTONE EAST END TO HARBOUR CORRIDOR) BILL 1996 TRANSPORT (GLADSTONE EAST END TO HARBOUR CORRIDOR) BILL 1996 TABLE OF PROVISIONS Section Page 1 Short title 20.6... 4 2 Acquisition of land for rail transport corridor. ..............0....0004. 4 3 Acquisition of land for road purposes .... 0.6.0.0... cece cece eee 4 4 Acquisition of Land Act 1967... 0... 6. cece eens 5 5 Partial closure of certain roads ..... 0.6... cece eects 5 6 Leasing of rail transport corridor land ..............0 00. c cece eee eee 6 7 Access to acquired land ....... 0.0... 6 8 Recording of interests in land... 1.0.60... 0.0 c cece ee eee eee eee 6 9 Regulation-making power... 1.0.06... cece e eens 7 10 Amendment of Transport Infrastructure Act 1994..................00. 7 11 EXPY 2. ete teen eens 7 SCHEDULE 1 ........................ 8 LAND FOR RAIL TRANSPORT CORRIDOR SCHEDULE 2 ........................ 12 LAND FOR ROAD PURPOSES SCHEDULE 3 ........................ 14 PROVISIONS OF THE ACQUISITION OF LAND ACT 1967 THAT DO NOT APPLY TO THE TAKING OF LAND UNDER THIS ACT SCHEDULE 4 ........................ 16 ROADS PARTIALLY CLOSED A BILL FOR An Act to authorise the acquisition of certain land for rail transport corridor purposes, and for other purposes sl 4 s3 Transport (Gladstone East End to Harbour Corridor) The Parliament of Queensland enacts— Short title 1. This Act may be cited as the Transport (Gladstone East End to Harbour Corridor) Act 1996. Acquisition of land for rail transport corridor 2.(1) The following land is taken by the State for use by a railway manager as part of a rail transport corridor under the Transport Infrastructure Act 1994— (a) alienated land described in schedule 1, part 1; (b) the part of the reserve under the Land Act 1994 described in schedule 1, part 2. (2) Land taken under subsection (1) becomes unallocated State land free of any interest or obligation. (3) This section has effect despite any other Act. Acquisition of land for road purposes 3.(1) The following land is taken by the State for road purposes— (a) alienated land described as new road on a plan mentioned in schedule 2, part 1; (b) the part of the reserve under the Land Act 1994 described as new road on a plan mentioned in schedule 2, part 2. (2) The following land that is not already unallocated State land becomes unallocated State land— (a) land taken under subsection (1); (b) land included in schedule 2, part 3. (3) Land mentioned in subsection (2) is taken to be dedicated as a road 16 18 20 22 24 s4 5 s5 Transport (Gladstone East End to Harbour Corridor) for public use under the Land Act 1994, section 941 and open for public use. (4) This section has effect despite any other Act. Acquisition of Land Act 1967 4.1) The Acquisition of Land Act 1967 applies to a resumption of land under this Act with any necessary changes, including those mentioned in this section. (2) The provisions of the Acquisition of Land Act 1967 stated in schedule 3 do not apply to the resumption of land under this Act. (3) A person whose interest in land is taken has the right to claim compensation mentioned in the Acquisition of Land Act 1967, section 12(5)2 (4) The compensation is claimed in the way stated in the Acquisition of Land Act 1967, section 12(5A) and (5B) and part 4.3 (5) Subsection (3) applies subject to the Native Title (Queensland) Act 1993. (6) A reference in a provision of the Acquisition of Land Act 1967 that applies to a resumption of land under this Act, to a proclamation that takes land, is taken to be a reference to this Act. (7) For the Acquisition of Land Act 1967, section 24(2A), a claimant refers the claim for compensation to the Land Court by filing in the office of the registrar of the court copies of the claim given by the claimant to the chief executive. Partial closure of certain roads 5. The parts of the roads described in schedule 4 are closed on a day to be fixed by the Minister by gazette notice. 1 Section 94 (Dedication of road by gazette notice) 2 Section 12 (Effect of proclamation or notification of resumption) 3 Part 4 (Compensation) w onan fF 12 14 16 182123 26 $6 6 s8 Transport (Gladstone East End to Harbour Corridor) Leasing of rail transport corridor land 6.(1) This section applies to— (a) land taken under section 2; and (b) land included in schedule 1, part 3; (c) land included in schedule 4. (2) The Governor in Council must lease the land to the State under the Land Act 1994, section 17(b)4 for use by a railway manager as part of a rail transport corridor under the Transport Infrastructure Act 1994.5 (3) The lease is in perpetuity and, if demanded, for a rent of $1 per year. (4) The State must immediately sublease the land to Queensland Rail in the same way as for a sublease of existing corridor land under the Transport Infrastructure Act 1994, section 2146 (5) This section applies despite the Transport Infrastructure Act 1994, section 131(2) and (3).7 Access to acquired land 7.(1) Queensland Rail is authorised to enter on land included in schedules 1 and 4 and construct rail transport infrastructure on it even though the land has not been leased to Queensland Rail before the entry is made. (2) This section applies despite any other Act. Recording of interests in land 8.(1) The registrar of titles or anyone else required or permitted to record particulars necessary to identify interests in land must, on the written request of the chief executive, record the particulars necessary to give effect 4 Section 17 (Granting land to the State) 5 Section 17 (Granting land to the State) 6 Section 214 (Existing rail corridor land) 7 Section 131 (Lease of land to railway managers) oND vA Bw N 1114 1719 23 s9 7 sll Transport (Gladstone East End to Harbour Corridor) to this Act. (2) If a written request is made under subsection (1), production of the instrument of title to the land in question is not required when the request is made, and the registrar of titles or other person is authorised to make any necessary entries on the instrument of title when it is next produced to him or her. Regulation-making power 9.(1) The Governor in Council may make regulations under this Act. (2) A regulation may, in relation to land specified in schedule 1, 2 or 4, for which an area is expressed as an approximate area, specify a different area. (3) The different area specified is taken to be the area referred to in the schedule from the commencement of this Act. (4) A regulation under subsection (2) must be made within | year after the commencement of this Act. (5) The object of subsections (2) to (4) is to enable the land mentioned in those subsections to be surveyed. Amendment of Transport Infrastructure Act 1994 10.(1) This section amends the Transport Infrastructure Act 1994. (2) Section 136(1), 'Building Code'— omit, insert— "Building Act 1975'. (3) Section 136(2), definition "Building Code"— omit. Expiry 11. This Act expires 7 years after it commences. DANN pwn 11 13 15 17 19212326 Transport (Gladstone East End to Harbour Corridor) SCHEDULE 1 1 LAND FOR RAIL TRANSPORT CORRIDOR 2 section 2 3 PART 1—LAND ALIENATED FROM THE STATE 4 1. The area of approximately 2.27 ha of lot 31 on CP/DS 286 parish of 5 Targinie, county of Deas Thompson shown as item 13a on 6 plans R6-421 and R6-422 and item 13c on plan R6-423 7 2. The area of approximately 6.56 ha of lot 101 on RP 620971 parish of 8 Targinie, county of Deas Thompson shown as item 16 on 9 plans R6-423 and R6-424 10 3. The area of approximately 5.14 ha of lot 11 on CP/CL 40366 parish of 11 Mount Larcom, county of Clinton shown as item 5a on plan R6-430B, 12 item 5b on plan R6-431, and item 5c on plans R6-431 and R6-4328 13 4. The area of approximately 3.04 ha of lot 449 on CP/CL 40213 parish 14 of Mount Larcom, county of Clinton shown as item 6 on 15 plans R6-430B and R6-4319 16 5. The area of approximately 1.76 ha of lot 21 on CP/CTN 87 parish of 17 Mount Larcom, county of Clinton shown as item 8 on plan R6-432 18 6. The area of approximately 3.66 ha of lot 22 on CP/CL 40383 parish of 19 Mount Larcom, county of Clinton shown as item 9a on plans R6-432 20 and R6-433 and item 9b on plan R6-43310 21 8 The area includes approximately 276 m2 of easement W on RP 836822. 9 The area includes approximately 87 m2 of easement V on RP 836822. 10 The area includes approximately 283 m2 of easement A on RP 614754. Tr ansport (Gladstone East End to Harbour Corridor) 10. 11. 12. 13. 14. 0) se] N P N P P ° p and item12 SCHEDULE 1 (continued) he area of approximately 377 m2 of lot 66 on CP/CL 40338 parish of Mount Larcom, county of Clinton shown as item 10 on plan R6-43311 he area of approximately 2.97 ha of lot 32 on CP/CTN 108 parish of he area of ap Mount Larcom, county of Clinton shown as item 12a on plan R6-433 c on plans R6-433 and R6-434 proximately 4.42 ha of lot 538 on CP/CL 40256 parish Mount Larcom, county of Clinton shown as item 14 on ans R6-434 and R6-435 ne area Of ap olan, county an R6-435 he area of ap olan, county and R6-436 he area of a an R6-436 proximately 1.37 ha of lot 2 on CP/MPH 2842 parish of of Deas Thompson shown as items 15a and 15c¢ on proximately 1.75 ha of lot 1 on CP/MPH 2842 parish of of Deas Thompson shown as item 22a on plans R6-435 pproximately 1 023 m2 of lot 4 on CP/MPH 14072 arish of Nolan, county of Deas Thompson shown as item 18 on he area of approximately 2.12 ha of lot 3 on CP/MPH 14066 parish f Nolan, county of Deas Thompson shown as item 20 on an R6-436 he area of approximately 4.14 ha of lot 1 on CP 895853 parish of Nolan, county of Deas Thompson shown as item 17a on plan R6-435 and item 17c on plans R6-435 and R6-436 The area includes approximately 155 m2 of easement A on RP 14755 FOO ANID WRW NH See ee ROBY eee Nauwn Nee ome) N N ayes Transport (Gladstone East End to Harbour Corridor) 15. 16. 17. 18. 19. 20. 21. 22. SCHEDULE | (continued) PART 2—RESERVED LAND The area of approximately 3 284 m2 of lot 142 on CP/CTN 2143 parish of Calliope, county of Clinton shown as item 5b on plan R6-417B PART 3—STATE LAND The area of approximately 3.30 ha of lot 96 on USL 39039 parish of Calliope, county of Clinton shown as item 1a on plan R6-416 The area of approximately 2.55 ha of lot 101 on USL 39039 parish of Calliope, county of Clinton shown as item 2 on plan R6-416 and items 2a and 2c on plan R6-417B The area of approximately 15.08 ha of lot 1 on RP 612126 parish of Calliope, county of Clinton shown as item 4b on plans R6-417B and R6-418B, item 4c on plans R6-419, R6-420 and R6-421, and item 4e on plan R6-42112 The area of approximately 2 292 m2 of lot 99 on USL 39039 parish of Calliope, county of Clinton shown as item 7a on plan R6-417B he area of approximately 4.86 ha of Port Curtis shown as item 10a on plan R6-421 and item 10b on plans R6-422 and R6-423 he area of approximately 9.86 ha of lot 2 on RP 619805 parish of Mount Larcom, county of Clinton shown as item 1b on plans R6-425B, R6-426, R6-427 and R6-428 The area of approximately 5 914 m2? of lot 15 on CP/CTN 104 parish of Mount Larcom, county of Clinton shown as item 2 on plan R6-428 12 The area includes approximately 6 279 m2 of easement A on RP 10582. w Transport (Gladstone East End to Harbour Corridor) SCHEDULE | (continued) 23. The area of approximately 9.41 ha of lot 268 on CP/CL 4094 parish of Mount Larcom, county of Clinton shown as item 3 on plans R6-428, R6-429 and R6-430B - WO poe Transport (Gladstone East End to Harbour Corridor) SCHEDULE 2 LAND FOR ROAD PURPOSES section 3 PART 1—LAND ALIENATED FROM THE STATE ne area OF ap plan R6-423 ne area OF ap plan R6-433 ne area OF ap and R6-434 ne area OF ap ne area OF ap he area of ap Nolan, county proximate proximate of Mount Larcom, co proximate Mount Larcom, county o proximate proximate proximate of Deas T y 3 297 r& of lot 31 on CP/DS 286 parish of arginie, county of Deas Thompson shown as item 13b on y 1 027 m2 of lot 22 on CP/CL 40383 parish unty of Clinton shown as item 9c on y 1.47 ha of lot 32 on CP/CTN 108 parish of f Clinton shown as item 12b on plans R6-433 y 6 619 m2 of lot 2 on CP/MPH 2842 parish of Nolan, county of Deas Thompson shown as item 15b on R6-435 y 9 980 m2 of lot 1 on CP/MPH 2842 parish of Nolan, county of Deas Thompson shown as item 22b on plans R6-435 and R6-436 y 1 334 m2 of lot 1 on CP 895853 parish of hompson shown as item 17b on plan R6-435 PART 2—RESERVED LAND The area of approximately 677 m2 of lot 142 on CP/CTN 2143 parish of Calliope, county of Clinton shown as item Sa on plan R6-417B 23 Transport (Gladstone East End to Harbour Corridor) 10. 11. 12. 13. 14. SCHEDULE 2 (continued) PART 3—STATE LAND The area of approximately 5 503 m2 of lot 96 on USL 39039 parish o Calliope, county of Clinton shown as item 1b on plan R6-417B The area of approximately 630 m2 of lot 101 on USL 39039 parish o Calliope county of Clinton shown as item 2b on plan R6-417B The area of approximately 1 217 m2 of lot 97 on USL 39039 parish o Calliope, county of Clinton shown as item 6 on plan R6-417B he area of approximately 3 128 m2 of lot 1 on RP 612126 parish o Calliope, county of Clinton shown as item 4a on plan R6-417B and item 4d on plan R6-421 he area of approximately 7 842 m2 of Port Curtis shown as item 10c on plans R6-422 and R6-423 The area of approximately 2 729 m2 of lot 99 on USL 39039 parish of Calliope, county of Clinton shown as item 7b on plan R6-417B he area of approximately 1.97 ha of lot 2 on RP 619805 parish of Mount Larcom, county of Clinton shown as item la on plan R6-425B Transport (Gladstone East End to Harbour Corridor) SCHEDULE 3 PROVISIONS OF THE ACQUISITION OF LAND ACT AY FY NM 1967 THAT DO NOT APPLY TO THE TAKING OF LAND UNDER THIS ACT section 4 Sections 5 to 11 Section 12, other than as provided by section 4(3) and (4) of this Act Section 13 Sections 15 to 17 Section 21 Section 36(3) and (6)!3 Section 5 (Purposes for which land may be taken) Section 6 (Easements) Section 7 (Notice of intention to take land) Section 8 (Dealing with objections) Section 9 (Means by which land to be taken other than by Brisbane City Council or an approved local authority) Section 10 (Means by which land to be taken by Brisbane City Council or an approved local authority) Section 11 (Correction of errors etc. in proclamation or notification of resumption) Section 12 (Effect of proclamation or notification of resumption) Section 13 (Owner may require small parcel of severed land to be taken) Section 15 (Taking by agreement) Section 16 (Discontinuance of resumption before proclamation or notification of resumption) Section 17 (Revocation before determination of compensation) Section 21 (Grant of easement etc in satisfaction of compensation) Section 36 (Powers of entry etc.) Co mon aD 11 Transport (Gladstone East End to Harbour Corridor) SCHEDULE 3 (continued) 7. Section 37, other than for section 36(7) 8. Section 4114 14 Section 37 (Temporary occupation of land) Section 41 (Disposal of land) Transport (Gladstone East End to Harbour Corridor) 10. SCHEDULE 4 ROADS PARTIALLY CLOSED section 5 he area of road of approximately 1 773 m2 shown as item 3 on plan R6-41615 he area of road of approximately 1.66 ha shown as items 3a, 3b, 8a and 8b on plan R6-417B he area of road of approximately 2 279 m2 shown as item 17 on plan R6-418B he area of road of approximately 3 324 m2 shown as item 17 on plan R6-419 he area of road of approximately 4 698 m2 shown as items 9, 11 and 2 on plan R6-421 he area of road of approximately 2 316 m2 shown as item 14 on plan R6-422 he area of road of approximately 1.09 ha shown as items 15, 18a, 8b, 19a, 19b and 20 on plan R6-423 he area of road of approximately 3 098 m2 shown as item 26 on plan R6-425B he area of road of approximately 9 661 m2 shown as items 4a and 4b on plan R6-430B he area of road of approximately 1.74 ha shown as item lla on plan R6-433 A copy of each plan mentioned in the schedule is available for inspection at the office of the Department of Main Roads, Capital Hill Building, 85 George Street, Brisbane ESO CHM AD va il oon wn Ree ns ee Na ee \o NN re Oo NN wh Transport (Gladstone East End to Harbour Corridor) 11. 12. 13. 14. 15. 16. SCHEDULE 4 (continued) he area of road of approximately 2 336 m2 shown as item 7 on plan R6-434 he area of road of approximately 4 023 m? shown as items 16, 23 and 25 on plan R6-435 he area of road of approximately 1 793 m2 shown as items 19 and 21 on plan R6-436 he area of road of approximately 236 m2 located approximately between RL 6.7 and RL 14.62 shown in detail on plan R6-418B he area of road of approximately 651 m2 located approximately between RL 59 and RL 73.889 on the north-eastern boundary and RL 59 and RL 73.482 on the south-western boundary shown in detail on plan R6-425B The area of road of approximately 472 m2 located approximately between RL 55 and RL 70 shown in detail on plan R6-430B © State of Queensland 1996 CIY DWN FW NH 12 14