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LAND ACT 1994 - SECT 290JA
Dedication of public use land in plan
290JA Dedication of public use land in plan
(1) This section applies to the dedication of land to public use in a
registered plan of subdivision.
(2) On the coming into effect of the plan,
without anything further— (a) if the dedication is for a reserve—the land
is dedicated as a reserve for the purpose or purposes stated in the plan; or
(b) if the dedication is for a road—the road is opened as a road; or
(c) if
the dedication is for a non-tidal watercourse or a lake—the plan is taken to
be the source material for the land for the
Survey and Mapping Infrastructure Act 2003 , section 99 ; or Note— The
Survey and Mapping Infrastructure Act 2003 , section 99 defines when a
boundary of land is a non-tidal boundary (watercourse) or non-tidal boundary
(lake). See section 13A of this Act for provisions about the ownership of land
on the watercourse side or lake side of one of these boundaries.
(d)
otherwise—the land becomes unallocated State land.
(3) Subsection (4)
applies to an easement over a lot if— (a) the easement is an easement for
providing access or a right of way, including a public thoroughfare easement;
and
(b) the lot or a part of the lot is dedicated for a road under subsection
(2) .
(4) The easement is extinguished to the extent it is over the lot or
the part of the lot dedicated for the road.
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