Transport (South Bank Corporation Area Land) Act 1999

An Act about the acquisition of certain land in South Brisbane

pt 1 hdg ins 2005 No. 49s 81

1Short title

This Act may be cited as the Transport (South Bank Corporation Area Land) Act 1999.

pt 2 hdg ins 2005 No. 49s 82

2Exclusion of land from South Bank Corporation area

(1)The land mentioned in schedule 1 is taken to be excluded from the corporation area under the South Bank Corporation Act 1989.

(2)Subsection (1) is taken to have had effect—

(a)for schedule 1, items 1, 2, 3, 4, 8 and 9, on 3 February 1998; and

(b)for schedule 1, items 5, 6 and 7, on 26 February 1998; and

(c)for schedule 1, items 11, 12, 13 and 14, on 25 August 1998; and

(d)for schedule 1, item 10, on 10 September 1998.

s 2 amd 2005 No. 49s 83

3Validation of certain notices of intention to resume

The following instruments are taken to be valid notices of intention to resume, and are taken to have been validly given, under the Acquisition of Land Act 1967, section 7—

(a)the notices dated 3 February 1998 for land mentioned in schedule 1, items 1, 2, 3, 4, 8 and 9;

(b)the notices dated 26 February 1998 for land mentioned in schedule 1, items 5, 6 and 7;

(c)the notices dated 25 August 1998 for land mentioned in schedule 1, items 11, 12, 13 and 14;

(d)the notice dated 10 September 1998 for land mentioned in schedule 1, item 10.

s 3 amd 2005 No. 49s 84

4Effect of certain proclamations

(1)This section applies to the following proclamations made under the Acquisition of Land Act 1967, section 9 as they relate to land mentioned in schedule 1—

(a)the proclamation gazetted on 15 May 1998 at pages 239 to 242, which included the land mentioned in schedule 1, items 8 and 9;

(b)the proclamation gazetted on 29 May 1998 at pages 607 to 610, which included the land mentioned in schedule 1, items 5, 6 and 7;

(c)the proclamation gazetted on 12 June 1998 at pages 809 to 812, which included the land mentioned in schedule 1, items 1, 2, 3 and 4;

(d)the proclamation gazetted on 6 November 1998 at pages 847 to 850, which included the land mentioned in schedule 1, item 14;

(e)the proclamation gazetted on 27 November 1998 at pages 1103 to 1106, which included the land mentioned in schedule 1, item 10;

(f)the proclamation gazetted on 4 December 1998 at pages 1219 to 1221, which included the land mentioned in schedule 1, items 11, 12 and 13.

(2)Each proclamation mentioned in a paragraph of subsection (1) is taken to have been valid, and effective, for taking the land mentioned in the paragraph.

s 4 amd 2005 No. 49s 85

pt 3 hdg ins 2005 No. 49s 86

5Purpose of pt 3

The purpose of this part is to provide for land dealt with in part 2, and other land, after the completion of the construction of the busway in or about South Bank.

s 5 ins 2005 No. 49s 86

6Definitions for pt 3

In this part—

corporation means the corporation established by the South Bank Corporation Act 1989.

corporation area means the corporation area as defined under the South Bank Corporation Act 1989.

s 6 ins 2005 No. 49s 86

7Inclusion of land in corporation area

(1)The land mentioned in schedule 1 is taken to be included in the corporation area.

(2)Subsection (1) has effect, or is taken to have had effect—

(a)for the land mentioned in schedule 1, item 11, on 25 August 1998; and

(b)for the land mentioned in schedule 1, item 10, on 10 September 1998; and

(c)for the land mentioned in schedule 1, items 17, 18 and 20 to 23, on 22 April 1999; and

(d)for the land mentioned in schedule 1, items 1 to 9, 12 to 16 and 19, on the commencement of this section.

s 7 ins 2005 No. 49s 86

8Exclusion of land from corporation area

(1)The land mentioned in schedule 2 is taken to be excluded from the corporation area as that area is varied by section 7.

(2)Subsection (1) has effect, or is taken to have had effect—

(a)for land mentioned in schedule 2, items 1 to 5, on 15 May 1998; and

(b)for land mentioned in schedule 2, item 6, on 25 August 1998; and

(c)for land mentioned in schedule 2, item 7, on 10 September 1998; and

(d)for land mentioned in schedule 2, items 8 to 11, on 22 April 1999; and

(e)for land mentioned in schedule 2, items 12 to 43, on the commencement of this section.

s 8 ins 2005 No. 49s 86

9Ownership of particular land

(1)On registration of the following plans the land described by reference to the following lots on the plans is vested in the State in fee simple—

•Lot 111 on SP141936

•Lot 112 on SP141937

•Lot 116 on SP150310

•Lot 138 on SP150332.

(2)Any easement, lease, right, privilege or other interest in relation to the land mentioned in subsection (1) is, on the vesting of the land in the State, extinguished.

(3)No compensation is payable for the extinguishment of an easement, lease, right, privilege or other interest under subsection (2).

s 9 ins 2005 No. 49s 86

10Registrar may register instruments etc.

(1)The registrar of titles may register all plans and other instruments and record the particulars of the lots in the freehold land register to give effect to section 9.

(2)The registrar of titles may do anything necessary and convenient to give effect to sections 7 to 9.

s 10 ins 2005 No. 49s 86

11Recording of vesting of land

The registrar of titles or anyone else required or permitted to record particulars necessary to identify interests in land may, on the written request of the chief executive, record the particulars of any interest in land vested in the State under this part.

s 11 ins 2005 No. 49s 86

12State may sign plans and other documents

(1)This section applies if, under another Act, another entity is required to give approval to a plan or other instrument that is required to give effect to this part.

(2)Despite that Act, the entity’s approval is not required and it is sufficient for the chief executive to—

(a)give approval to the plan or other instrument; and

(b)sign the plan or other instrument required to give effect to this part.

s 12 ins 2005 No. 49s 86

amd 2009 No. 36s 872sch 2; 2016 No. 27 s 609

13Exemption from fees and charges

(1)No fee or charge, including any duty under the Duties Act 2001, is payable by any of the following in relation to dealings with land to give effect to this part—

(a)the State;

(b)the corporation;

(c)a rail government entity;

(d)QR Limited ACN 124 649 967;

(e)a related body corporate of an entity mentioned in paragraph (d).

(2)In this section—

rail government entity see the Transport Infrastructure Act 1994, schedule 6.

related body corporate has the meaning given in the Corporations Act.

s 13 ins 2005 No. 49s 86

amd 2008 No. 67s 151

sub 2010 No. 19s 158

amd 2013 No. 19s 120sch 1

14Management statement terminated

On registration of the plans mentioned in section 9, a management statement relating to the land (section 9 land) described in that section, and in force immediately before the registration—

(a)is terminated only to the extent it relates to the section 9 land; and

(b)otherwise continues in force according to its terms to the extent it relates to land other than the section 9 land.

s 14 ins 2005 No. 49s 86

sections 2 and 7

1Lot 1 on RP116267, area 484m²

2Lot 3 on RP43196, area 197m²

3Lot 5 on RP43196, area 162m²

4Lot 11 on RP43196, area 21m²

5Lot 1 on RP1329, area 301m²

6Lot 2 on RP1329, area 39m²

7Lot 3 on RP1329, area 340m²

8Lot 10 on RP1325, area 340m²

9Lot 12 on RP102290, area 113m²

10A volume of 6034m³ over an area of 622m², being part of common property for BUP5633, as shown on plan R13-776B

11A volume of 16095m³ over an area of about 1270m², being part of lot 2 on RP880680, as shown on plan R13-748B

12Lot 9 on RP43196, area 420m²

13Lot 1 on RP175375, area 124m²

14Lots 1, 3, 5, 7, 9, 11, 13, 15, 17, 19, 21 and 23 on RP42297, total area 1409m²

15Lot 1 on RP41522, area 534m²

16Lot 45 on RP183634, area 477m²

17Part of lot 3 on SP102571, as shown on plan R13-845, area 831m²

18The following parts of lot 102 on RP896476 as shown on plans R13-792, R13-793, R13-840 and R13-841—

•a volume of 55932m³ over an area of 1968m²

•an area of 327m²

•a volume of 3832m³ over an area of 382m²

19Lot 44 on RP183634, area 658m²

20Part of lot 5 on SP102571, as shown on plan R13-845, area 2978m²

21The following parts of lot 3 on RP861515, as shown on plan R13-842—

•a volume of 228m³ over an area of 8m²

•a volume of 8488m³ over an area of 298m²

•an area of 421m²

22A volume of 2420m³ over an area of 166m², being part of lot 57 on SP106312, as shown on plan R13-844

23A volume of 12115m³ over an area of 1444m², being part of lot 21 on RP899090, as shown on plan R13-844.

Additional information about land itemised in this schedule

1All items of land are located in the County of Stanley, Parish of South Brisbane.

2All plans prefixed R13 are held in the Office of the South East Transit Project, and may be inspected at level 4, 14 Mount Gravatt-Capalaba Road, Mount Gravatt.

sch 1 amd 2005 No. 49 s 87

section 8

1Lot 115 on SP150309

2Lot 117 on SP150311

3Lot 139 on SP150333

4Lot 140 on SP150334

5Lot 70 on SP149284

6Lot 4 on SP121757

7Lot 5 on SP121758

8Lot 111 on SP141936

9Lot 112 on SP141937

10Lot 116 on SP150310

11Lot 138 on SP150332

12Lot 118 on SP150312

13Lot 119 on SP150313

14Lot 120 on SP150314

15Lot 121 on SP150315

16Lot 122 on SP150316

17Lot 123 on SP150317

18Lot 124 on SP150318

19Lot 125 on SP150319

20Lot 126 on SP150320

21Lot 127 on SP150321

22Lot 128 on SP150322

23Lot 129 on SP150323

24Lot 130 on SP150324

25Lot 131 on SP150325

26Lot 132 on SP150326

27Lot 133 on SP150327

28Lot 134 on SP150328

29Lot 135 on SP150329

30Lot 136 on SP150330

31Lot 137 on SP150331

32Lot 141 on SP150335

33Lot 241 on SP157139

34Lot 142 on SP150336

35Lot 242 on SP157140

36Lot 143 on SP150337

37Lot 243 on SP157141

38Lot 144 on SP150338

39Lot 244 on SP157142

40Lot 145 on SP150339

41Lot 245 on SP157143

42Lot 146 on SP150340

43Lot 246 on SP157144

sch 2 ins 2005 No. 49 s 88