Councils accessing land for materials

Under section 143 of the Local Government Act 2009 (the Act), councils can access private or public land to remove natural materials like soil, gravel and rock. This is only allowed when there is no other reasonably practicable way to source the material and when the material is needed for council to undertake its responsibilities.

When can councils access land and materials?

Councils can only access land for materials when:

• there is no other reasonably practicable way of obtaining the materials
• it is needed for activities the local government is responsible for, such as repairs to roads or public infrastructure
• an entry notice is given to the landowner and occupier within a reasonable period prior to entry.

The decision must be made on a case-by-case basis, considering cost, time, logistics and potential impacts.

What land can be accessed?

Councils can access land within their local government area.

Councils cannot access:

• land within 50 metres of homes or structures
• gardens, parks, or cultivated land
• protected areas, such as national parks
• state forests and timber reserves.

To access land outside a council’s area, approval by the Minister is needed or alternatively councils can come to a joint agreement with the impacted council

What materials can be taken?

The materials that can be removed are those which the local government requires to perform its responsibilities.

Materials that can be removed include, soil to fill slippage and quarry rock to repair roads and other local government infrastructure.

Material cannot be searched for, or removed, if it is within 50 metres of any structure or works on the land, including a house, bridge, dam or wharf.

The 'no other reasonably practicable way' test

Before using section 143 of the Act, councils must demonstrate that there is no other reasonably practicable way to get the materials.

This is assessed on a case by case basis and depends on factors like:

• whether another source is available (e.g. a quarry with a permit under the Forestry Act 1959)
• cost or time impacts to required works
• urgency of works
• impact on the landowner or occupier
• likely compensation costs.

Councils should document the factors which inform any decision to utilise section 143 of the Act.

Other relevant information

Councils with a valid sales permit under the Forestry Act 1959 should access materials in endorsed quarry areas covered by that permit wherever possible. Where this is not reasonably practicable, section 143 of the Act may apply.

Councils are responsible for ensuring that all legislative responsibilities are met when accessing the materials.

Notice and compensation

Councils must give landowners and occupiers notice within a reasonable period prior to entry, explaining:

• who is entering the land
• why, and
• when (days and times).

A landholder or any other person who incurs a loss or damage is entitled to compensation for the materials taken. If agreement cannot be reached, the matter can be resolved through the relevant court.

More information

• Fact sheet (PDF, 223KB)
• Frequently asked questions (PDF, 175KB)

Contact information

Email localgovernmentpolicy@dlgwv.qld.gov.au if you have any further questions.