Queensland Consolidated Acts

LAND ACT 1994 - SECT 23A

23A Floating reservation on plan of subdivision

(1) A person seeking to have a plan of subdivision registered in relation to the land contained in a deed of grant, deed of grant in trust or lease may apply to the chief executive for the allocation of a floating reservation to some or all of the lots created by the plan.

(2) In making a decision for subsection (1) , the chief executive must have regard to the purpose of the reservation, the likely future use of the land and where the reservation is most likely to be needed.

Example—

If the reservation is for road purposes, the chief executive will have regard to where the road is most likely to be needed.

(3) If the reservation is contained in a deed of grant or freeholding lease, and the chief executive is satisfied that all or part of the reservation is no longer needed, the reservation, to the extent it is no longer needed, may be dealt with under section 24 .

(4) If the reservation is contained in a deed of grant in trust, or in a lease other than a freeholding lease, and the chief executive is satisfied that all or part of the reservation is no longer needed, the reservation, to the extent it is no longer needed, may be dealt with under section 26A .

(5) Notice of the chief executive’s decision for subsection (1) and the reasons for the decision must be given to the applicant.

(6) The applicant may appeal against the chief executive’s decision.