As Queensland pushes to deliver more housing faster, new laws are giving the State stronger powers to unlock land for infrastructure. Developers, councils, and utility providers should take note: the Housing Availability and Affordability Act 2024 now allows the Queensland Government to acquire land or easements – or even create new ones – to accelerate development infrastructure like roads, parks, and water systems.
These changes, introduced through amendments to the Planning Act 2016, reflect a strategic shift: when infrastructure delays are holding back housing supply and all other avenues have failed, the State can now step in.
🏠 What’s Changed?
Under the new Chapter 7, Part 2, Division 2 of the Planning Act, the State may:
- Take land or an easement, or
- Create a new easement
for delivering development infrastructure – including transport corridors, water pipes, stormwater drainage, and community facilities.
These powers apply only when negotiations fail and delays are putting housing availability at risk.
📜 Who Pays, Who Builds?
Before any land is acquired, the developer or public entity must:
- Enter into an agreement with the State about acquisition costs
- Cover the cost of infrastructure delivery
Even if the State facilitates the acquisition, the responsibility for building and maintaining the infrastructure lies with the entity that requested it – whether that’s a private developer, a local council, or a utility provider.
And if the land is not used within 7 years, it must be offered back to the original owner – ensuring fair treatment for landholders.
🛠️ Why Developers Need to Know
For Queensland developers facing red tape and infrastructure delays, this legal tool could be the game-changer that keeps projects on track. But it also comes with risks – including cost-sharing obligations, legal compliance under the Acquisition of Land Act 1967, and ongoing infrastructure responsibilities.
If your project is being stalled by infrastructure bottlenecks – whether it’s road access, drainage rights, or parkland delivery – you may be able to trigger this process. But you’ll need legal support to:
- Understand your eligibility
- Draft compliant agreements
- Navigate the acquisition process
- Manage long-term liability
⚖️ How Ensure Legal Can Help
At Ensure Legal, we assist developers and councils with infrastructure-related acquisitions under the Planning Act. From early-stage advice to negotiating with the State, we’re here to help you get your project moving – legally and efficiently.
📞 Contact us today to schedule a consultation and unlock your site’s development potential.
