Queensland Consolidated Acts

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TRANSPORT INFRASTRUCTURE ACT 1994 - SECT 240

240 Sublease of land to railway managers

(1) This section applies if—

(a) the State acquires land (the acquired land) for use by a railway manager as part of a rail transport corridor; or
(b) the chief executive decides that non-rail corridor land (also acquired land) should be used by a railway manager as part of a rail transport corridor.

(2) If the acquired land mentioned in subsection (1)(a) becomes unallocated State land, the Minister administering the Land Act 1994 must lease it to the State under section 17(2) of that Act.

(3) The lease is in perpetuity and, if demanded, for a rent of $1 per year.

(4) The State must sublease acquired land mentioned in subsection (1)(a) or (b) to the manager—

(a) if the manager agrees to meet the full costs of the acquisition—
(i) for a term of not more than 100 years; and
(ii) for a rent, if demanded, of $1 per year; and
(iii) on other terms decided by the chief executive; or
(b) otherwise—on terms agreed between the parties.

(5) A sublease by the State under subsection (4)(a) may include an option to renew the sublease.

(6) The terms of the option and the renewed sublease are to be decided by the chief executive.

(6A) Subsections (2) to (6) are subject to section 240AA.

(7) The Land Act 1994, section 336(2)(a) does not apply to a document of amendment of a sublease to a railway manager under subsection (4) or a sublease to a railway manager granted under the exercise of an option mentioned in subsection (5).

(8) If the manager attaches any rail transport infrastructure or any other works or structures to the acquired land, they remain the manager's property until the manager disposes of them.

(9) In this section—

acquires includes acquires by—

(a) gift; and
(b) surrender of a sublease previously granted to a railway manager; and
(c) exchange; and
(d) purchase.

full costs, of an acquisition, includes (if the acquired land consists of a lease to the State) all rent or other money payable by the State under the lease granted to the State during the term of—

(a) the sublease of the acquired land from the State to the manager under subsection (4); and
(b) any renewal of the sublease to the manager.


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