Queensland Consolidated Acts

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TRANSPORT INFRASTRUCTURE ACT 1994 - SECT 299

299 When land may be entered, occupied or used

(1) This section applies if a person proposes to enter, occupy or use land under this part.

(2) The person may enter, occupy or use the land without the permission of, or notice to, the owner or occupier of the land to perform urgent remedial work to facilitate or maintain the operation of busway transport infrastructure.

(3) However, the person must, if practicable, notify the occupier orally or in writing before entering the land.

(4) If the entry, occupation or use is other than for the performance of urgent remedial work, the person may enter, occupy or use the land if the person—

(a) obtains the written permission of—
(i) each person who is an owner of the land; and
(ii) each person who is an occupier of the land; or
(b) gives at least 7 days written notice to the occupier before the entry, occupation or use.

(5) The notice under subsection (4)(b) must state—

(a) all works proposed to be performed; and
(b) all uses proposed to be made of the land; and
(c) details of anything else proposed to be done on the land; and
(d) the approximate period when occupation or use is expected to continue; and
(e) an owner or occupier of the land may claim compensation from the chief executive for loss or damage caused by the entry, occupation or use.

(6) A notice may be given under this section even though it is proposed to resume the land for busway transport infrastructure.

(7) Power to enter, occupy or use land under this part does not authorise entry, occupation or use of a structure on the land used solely for residential purposes without the permission of the occupier of the land.



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