Easements and acquisitions

As Queensland continues to grow, infrastructure - like drainage and roads - needs to be provided quickly. We are working to speed up the delivery of infrastructure in areas to get Queenslanders in their new homes faster.

The Housing Availability and Affordability (Planning and Other Legislation Amendment) Act 2024 establishes the power for the State to take land or an easement or create a new easement to deliver development infrastructure (for example, water infrastructure, transport infrastructure, parks and community facilities) under the Planning Act 2016 (Planning Act).

These powers have been introduced as a tool for intervention in the delivery of development infrastructure, where it has been determined that the ability to provide such infrastructure is barrier to the development processing, and where all other options have been exhausted (such as negotiation by agreement or reaching out to a local government).

New chapter 7, part 2, division 2 of the Planning Act sets out the requirements that must be complied with for the State to take land or an easement or create a new easement. The Acquisition of Land Act 1967 sets out the acquisition process, including compensation.

Prior to the State acquiring any land or an easement, the entity requesting the acquisition (for example, the developer or the public sector entity, will be required to enter into an agreement with the State about the cost of taking the land and the cost of providing the infrastructure.

If the State decides to acquire land or an easement or create a new easement, responsibility for providing and/or maintaining the infrastructure will be on the developer (as the entity requesting the acquisition) or the public sector entity (for example, the local government or utility provider). If the State decides to acquire land, the State will vest the land in a public sector entity (for example, a local government, State agency or utility provider).

If the acquired land is not used within 7 years of the acquisition, the land is to be offered to the original owner of the land for purchase.

To find out more, please reach out to the State Facilitated Development Team via SFD@dsdilgp.qld.gov.au.