Prior to 21 December 2012, when amendments to the State Development and Public Works Organisation Act 1971 took effect, proponents could apply for approval of their project as an 'infrastructure facility of signifigance' (IFS).
An IFS is a facility assessed by the Coordinator-General and approved by the Governor in Council as being of significance economically or socially to Australia, Queensland or the region in which the facility is to be constructed.
From 21 December 2012, proponents can no longer apply to have their infrastructure facilities approved as an IFS. Instead, proponents must seek approval as a 'private infrastructure facility' (PIF).
Although the term 'infrastructure facility of significance' will no longer be used for new projects, approved IFS will continue to be known by that name (as opposed to a PIF).
The former IFS provisions and guidelines will continue to apply to a:
- request - prior to 21 December 2012 - made to the Coordinator-General for Governor in Council approval of an IFS; and
- request for the Coordinator-General to take land, for an IFS approved prior to 21 December 2012.
A proponent of an approved IFS must consult and negotiate with landowners and/or native title holders to:
- acquire the land needed for the facility by agreement on commercial terms
- enter into an indigenous land use agreement (where native title exists).
Taking of land
If these negotiations are unsuccessful, the proponent may - as a last resort - apply to the Coordinator-General to compulsorily acquire the land in question.
Before any application to compulsorily aquire is considered, the proponent must provide evidence to the Coordinator-General that reasonable steps were taken to secure the land by agreement.
Land is compulsorily acquired under the processes set out in the:
- Acquisition of Land Act 1967
- Guidelines for acquisition of land for infrastructure projects by persons other than the state ( 1.34 MB)
Landowners and native title holders have the right to object to any proposed compulsory acquisition of their land or native title rights/interests.