State Development and Public Works Organisation Act 1971

The Coordinator-General may take or otherwise acquire land situated in a State development area for the purpose of—

dealing satisfactorily with conditions of natural disaster or hazard, of act of war or civil strife, of bad layout or obsolete development; or

providing for the establishment or relocation of population, industry or essential services, the establishment of an infrastructure corridor or for the replacement of open space in the course of the development of any other part of the State.

The power conferred by subsection (1) may be exercised notwithstanding that at the time of the taking or acquisition the development of the land taken or acquired is not provided for in an approved development scheme.

A taking or acquisition of land situated in a State development area or a disposal of such land shall not be called in question in any proceeding—

on account of the taking or acquisition of the land from one person and its disposal to another (whether or not development of the land has taken place between the time of its taking or acquisition and the time of its disposal) where the taking or acquisition and the disposal are for the purpose of securing implementation of an approved development scheme for the State development area; or

on account of the fact that the Coordinator-General will not control the development of the land but will secure such development by way of contract with other persons.

The power to take or acquire land in a State development area for a purpose (the primary purpose) includes power to take at any time land in the area either for the primary purpose or for any purpose incidental to the carrying out of the primary purpose.

As well as land granted in fee simple, the Coordinator-General may take or acquire land that is held from the State for an estate or interest less than fee simple for any of the purposes stated in subsection (1).

The following provisions apply with the stated changes to the taking or acquisition of land in a State development area—

section 125(4) applies as if the reference in the subsection to subsection (1) were a reference to section 82(1);

section 125(7) and (9) apply as if the reference in the subsections to subsection (6) were a reference to section 82(5);

section 125(8) applies as if the reference in the subsection to the land were a reference to land taken under section 82(5);

section 125(10) applies as if the reference in the subsection to subsections (4) to (9) were a reference to a taking or acquisition of land under section 82;

section 125(11) applies as if the reference in the subsection to this section were a reference to section 82;

section 125A applies as if—

a reference in the section to section 125 were a reference to section 82; and

the reference in the section to section 125(1) were a reference to section 82(1);

section 127 applies as if—

the reference in the section to section 125(6) were a reference to section 82(5); and

the reference in the section to section 125(9) were a reference to section 125(9) as it has effect under paragraph (b);

section 129 applies as if a reference in the section to section 125 were a reference to section 82.

Subsection (6) applies subject to section 83.

In this section—