After being on the back-burner for a number of years, the Toowoomba Bypass project is closer to becoming a welcome reality for road users.

While the bypass is sure to make travel between Brisbane and Toowoomba a much easier and safer affair, particularly for truck drivers, the plans call for the resumption of land to bring the project to life.

Under the former Howard government, $33 million was spent on land acquisitions to kick-start the project.

But with 42km of road to construct between the Warrego and Gore Highways, which will comprise widened lanes, new interchanges, twin tunnels, and 27 bridges, it is likely more land will be required.

This means resumptions, which the State Government has the right to undertake courtesy of the Acquisition of Land Act 1967, and the Sustainable Planning Act 2009.

For those land owners in the path of this proposed infrastructure, it is important to fully understand your rights and obligations when faced with a Notice of Intention to Resume.

Land owners have the right to object, and the Government guarantees that all objections will be heard.

However, land owners also have the right to be compensated for the value of their homes, and for a range of associated expenses such as stamp duty, borrowing costs, moving costs, and other related fees.

Business owners are also entitled to compensation for the payment of relocation costs or the value of the business should the business be able to move premises.

However, if your business cannot be relocated, your level of compensation will be based on your profits.

Business or home-owner, it is imperative that affected persons seek experienced legal advice to ensure they are being properly and fairly compensated.

The Toowoomba Bypass has been indentified as an important piece of infrastructure for southern Queensland, hence residents and business owners along the proposed transport corridor need to be prepared for its likely construction.

If your property, home or business is being resumed,
- you have the legal right to use a qualified lawyer,
- with reasonable costs being paid by the resuming authority.

You´ve got nothing to lose and everything to gain.

To find out more about your legal rights when involved in a property resumption, please contact me (Pas Cece) directly, at the Deacon & Milani office on 07 3221 7750 or via email at

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