$10 Million State Funding for Rockhampton Road Train Access

Bill Byrne, Member for Rockhampton, has recently confirmed that the Rockhampton Region is set to receive $10M in funding from the Queensland Government’s State Infrastructure Plan to support Stage 1 of the Rockhampton Road Train Access upgrade.[1]

Bill Byrne has commented that “with this commitment we will be able to see the upgrade of both intersections at Moores Creek Road and Mushgrave [sic] Street and Queen Elizabeth Drive and Lakes Creek Road (Bridge Street) intersection.”[2]

The completion of Stage 1 of the Rockhampton Road Train Access upgrade will enable road trains to easily navigate through Rockhampton to the abattoirs and “ultimately save the industry time and increase freight efficiency”.[3]

With an economic study of Rockhampton’s Road Train Access completed and a route identified, construction works are due to commence in the first half of 2017.[4]

While this State funding announcement is welcomed news and will bring many benefits to the Rockhampton Region and the local industries, Rees R & Sydney Jones understands that local homeowners and landowners may have concerns about the proposed route and how the future plans of the Rockhampton Beef Loop Road (also referred to as the Rockhampton Ring Road or Rockhampton By-Pass) may impact on their properties.

If you have any queries or if you are approached by a government department or receive a notification outlining that your land or property is going to be resumed or taken, please do not hesitate to contact our Rural, Mining and Gas Partner, Melanie Findlay on (07) 4927 6333. Melanie has local experience in resumption matters and is happy to assist you to understand the resumption process and your rights.

Melanie’s previous article on “Uncertainty over Rockhampton’s Beef Loop Road“, may also be of interest to you.

References

[1] Melanie Plane , ‘VIDEO: $10M Rockhampton road train access proposed route‘, The Morning Bulletin; Queensland Government, ‘ Palaszczuk Government’s vision for Fitzroy infrastructure released‘ (Media Release, 13 March 2016).

[2] Melanie Plane , ‘VIDEO: $10M Rockhampton road train access proposed route‘, The Morning Bulletin.

[3] Ibid.

[4] Frazer Pearce, ‘POLL: What do you think of the proposed road train route?‘, The Morning Bulletin.

Compulsory Acquisition for Roads

A number of proposals have been flagged by Local Governments and other parties for the resumption of lands for the construction of new or upgraded roads in the Capricorn Region.

Under the Acquisition of Land Act, land may be taken by a constructing authority which may be the State of Queensland or a Local Government. There are limits on the purposes for which a Local Government may resume land but it must generally be for a public purpose. Land can be taken either by full acquisition, or by the constructing authority merely taking an easement over the land. Whether the land is fully acquired or by easement will depend upon the nature of the activities to be undertaken. Where land is taken or acquired for purposes of constructing a road, the land would be fully acquired as it is not appropriate to take an easement in those circumstances.

The first step in the acquisition process is the issuing of a Notice of Intention to Resume by the constructing authority. The notice must be served on every person who could make a claim for compensation, such as an owner of the land, as well as any mortgagee of the land. Once you have received a Notice of Intention to Resume you are entitled to lodge an objection to the taking of the land and subsequently attend a conference with representatives of the constructing authority to speak in support of the grounds of your objection. You may be represented by a solicitor or agent at that hearing.

If the constructing authority determines the land is still required to be taken for the original purpose for which it was proposed, then it may apply to the Minister for the land to be taken. If the Minister is satisfied that the land should be taken, then notice is published in the Government Gazette and you cease to be the owner of the resumed land.  Your right in relation to the land is then simply converted into a right to claim compensation pursuant to the Acquisition of Land Act.

Compensation can be agreed between the parties.  In the absence of agreement, compensation is determined by the Land Court.

Justin Houlihan is a Partner at local law firm Rees R & Sydney Jones.