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1
Transport (Southbank Corporation Area Land)
TRANSPORT (SOUTHBANK
CORPORATION AREA LAND) BILL 1999
EXPLANATORY NOTES
GENERAL OUTLINE
OBJECTIVES OF THE LEGISLATION
The objective of this Bill is to secure certain land acquired for the South
East Transit Project Busway within the South Bank area as prescribed by
the South Bank Corporation Act 1989.
REASONS FOR THE BILL
A judgment of the Supreme Court determined that the acquisition of
certain privately held land under the Acquisition of Land Act 1967 for the
South East Transit Project Busway within the South Bank area was
unlawful.
This has implications for all South East Transit Project Busway land
within the South Bank area.
In response the Bill seeks to retrospectively validate the instruments
made under the Acquisition of Land Act 1967 for acquiring South East
Transit Project Busway corridor land within the South Bank area. Also, it
addresses other land yet to be acquired within the South Bank area, to secure
it from exposure to a similar adverse judgment.
ESTIMATED COSTS FOR GOVERNMENTAL
IMPLEMENTATION
Implementing this Bill will not involve significant costs for government.
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Transport (Southbank Corporation Area Land)
RESULTS OF CONSULTATION
The proposed amendments have been supported.
CONSISTENCY WITH FUNDAMENTAL LEGISLATIVE
PRINCIPLES
The Legislative Standards Act 1992 defines fundamental legislative
principles ("FLPs") as "principles relating to legislation that underlie a
parliamentary democracy based on the rule of law".
The Bill infringes, in certain respects, the fundamental legislative
principles contained in the Legislative Standards Act 1992, particularly
relating to individual rights and liberties.
The Fundamental Legislative Principles
The Fundamental Legislative Principle, section 4(3)(b) of the Legislative
Standards Act 1992 provides that legislation is consistent with principles of
natural justice.
The Fundamental Legislative Principle, section 4(3)(i) of the Legislative
Standards Act 1992 provides that legislation provides for the compulsory
acquisition of property only with fair compensation.
The Departure
The Bill retrospectively redresses the unlawfulness of instruments made
under the Acquisition of Land Act 1967 and confirms the conversion of
interests held in land acquired to a right to compensation as prescribed by
the Acquisition of Land Act 1967.
The reason for the Departure
It is considered necessary to secure the SETP busway corridor land
without delay and risk of legal challenge to ensure the integrity and viability
of the State's $520m busway infrastructure initiative. This is a key
component of the South East Queensland Integrated Regional Transport
Plan which is at the forefront of proactive measures adopted by the
government to deal with growth projections for South East Queensland into
the new millennium.
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Transport (Southbank Corporation Area Land)
Legal challenge has the potential to adversely affect jobs associated with
the busway and hence the importance of dealing with the effects of the
judgment in a comprehensive and legally watertight manner.
The Bill proposed ensures that compensation is available to the land
owners affected by the acquisition process. It seeks not to acquire land but
to validate the due process undertaken in the acquisition of the land in
accordance with the Acquisition of Land Act 1967.
CONSULTATION
The following relevant organisations have been consulted:--
Department of Premier and Cabinet
Department of State Development
Department of Natural Resources
Department of Main Roads
Department of Justice and Attorney-General
Brisbane City Council
NOTES ON CLAUSES
Part 1--Preliminary
Clause 1 states that the short title of the Act is to be the Transport (South
Bank Corporation Area Land) Act 1999.
Clause 2 states land mentioned in the schedule to the Act is taken to be
excluded from the corporation area under the South Bank Corporation Act
1989.
This retrospectively removes the anomaly associated with the land being
acquired for transport purposes when the approved development plan for
the South Bank area makes no recognition of this purpose. Opportunity has
been taken to include, in this respect, land which is intended to be acquired
for the South East Transit Project Busway within the South Bank area. This
will prevent exposure to a similar adverse judgment.
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Transport (Southbank Corporation Area Land)
Clause 3 validates instruments made under the Acquisition of Land Act
1967, in particular notices of intention to resume given under section 7 of
that Act in respect of land mentioned in the schedule to the Act.
Clause 4 validates instruments made under the Acquisition of Land Act
1967 in particular proclamations made under section 9 of that Act in respect
of land mentioned in the schedule to the Act.
© The State of Queensland 1999