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LAND TITLE ACT 1994 - SCHEDULE 2
SCHEDULE 2 – Dictionary
"action to recover" a lot includes an action to redeem a mortgage of the lot.
"adverse possessor" of a lot means a person—
(a) against whom the time for
bringing an action to recover the lot has expired under the
Limitation of Actions Act 1974 ; and
(b) who, apart from this Act, is
entitled to remain in possession of the lot.
"appropriate form" , for an instrument, means— (a) the form that is the
approved form for the instrument; or
(b) if a form is approved or prescribed
for the instrument under another Act—that form; or
(c) if the registrar has
given consent for an electronic form of the instrument under section 156A (1)
or the Electronic Transactions (Queensland) Act 2001 —the electronic form.
"approved development scheme" see the
State Development and Public Works Organisation Act 1971 , schedule 2 .
"approved form" means— (a) for an electronic conveyancing document—a form
approved by the registrar under the Electronic Conveyancing National Law
(Queensland) , section 7 ; or
(b) otherwise—a form approved under
section 194 .
"area" includes the volume of a lot on a volumetric format
plan of subdivision.
"bankruptcy" includes a proceeding under a law about bankruptcy, insolvency or
the liquidation of corporations.
"basic scheme" see section 115B (5) .
"BCCM Act" means the Body Corporate and Community Management Act 1997 .
"body corporate" see BCCM Act , schedule 6 .
"building" means a fixed structure that is wholly or partly enclosed by walls
and is roofed, and includes a part of a building.
"building format" see section 48C .
"building format lot" means a lot on a building format plan of survey.
"building management statement" see section 54A (2) .
"cane railway easement" , for part 6 , division 4 , see section 81A .
"carbon abatement interest" , for part 6 , division 4C , see section 97N .
"carbon abatement product" , for part 6 , division 4C , see section 97N .
"carbon sequestration" , for part 6 , division 4C , see section 97N .
"caveatee" , for a lot over which a caveat has been lodged, means— (a) a
registered proprietor of the lot; or
(b) someone (other than the caveator)
who has an interest in the lot.
"caveator" , for a lot over which a caveat has been lodged, means a person in
whose favour the caveat is lodged.
"certificate of title" ...
"commissioner for declarations" see the Justices of the Peace and
Commissioners for Declarations Act 1991 , section 3 .
"common property" see section 115B (2) (b) .
"community management statement" see the BCCM Act , section 12 .
"community titles scheme" see section 115B (1) .
"contribution schedule lot entitlement" see the BCCM Act , section 46 .
"copy" , of a document, if the document is an
electronic conveyancing document, means— (a) a representation of the
document in paper form; or
(b) a reproduction or representation of the
document in digital form.
"correct" includes correct by addition, omission or substitution.
"deed of grant" means an instrument evidencing the grant of land by the State.
"deposit" means file in the land registry other than for registration. Note—
For filing an electronic conveyancing document, see the definition
"file" .
"earlier plan of subdivision" ...
"electronic communication" means a communication of information in the form of
data, text or images by guided or unguided electromagnetic energy.
"electronic conveyancing document" see section 14B .
"Electronic Conveyancing National Law (Queensland)" see the
Electronic Conveyancing National Law (Queensland) Act 2013 , section 4 .
"endorse" , in relation to endorsing information on a document, if the
document is an electronic conveyancing document, means record the information
in electronic form as part of the document in such a way that it is reasonable
to expect the information will be readily accessible as part of the document
so as to be usable for subsequent reference.
"enforcement warrant" means an enforcement warrant under— (a) the
Civil Proceedings Act 2011 , section 90 ; or
(b) the
State Penalties Enforcement Act 1999 , section 63 .
"error" includes an error by omission.
"explanatory format plan" see section 48E .
"extension request" , for part 7A , see section 141 (1) .
"fee" includes tax.
"file" , a document, if the document is an electronic conveyancing document,
means lodge the document electronically under the Electronic Conveyancing
National Law (Queensland) , section 7 .
"freehold land register" means the freehold land register kept under this Act.
"full supply level" ...
"high-density development easement" see section 94 .
"included in" , in the context of the inclusion of a lot in a community titles
scheme, see section 115C (4) .
"indefeasible title" see sections 38 and 41B .
"instrument" includes— (a) a deed of grant; and
(b) a will, grant of
representation, or exemplification of a will, that may be used to deal with a
lot; and
(c) a deed that relates to or may be used to deal with a lot; and
(d) a power of attorney that may be used to deal with a lot; and
(e) a
request, application or other document that deals with a lot and may be
registered under this Act; and
(f) a map or plan of survey that may be
lodged; and
(g) another document that may be deposited; and
(h) an
electronic conveyancing document.
"interest schedule lot entitlement" see the BCCM Act , section 46 .
"justice of the peace" see the Justices of the Peace and Commissioners for
Declarations Act 1991 , section 3 .
"lake" see the Survey and Mapping Infrastructure Act 2003 , section 62 .
"land registry" means the land registry kept under this Act.
"lawyer" means an Australian lawyer as defined under the
Legal Profession Act 2007 , section 5 (1) .
"layered arrangement of community titles schemes" see section 115C .
"legal practitioner" means— (a) an Australian legal practitioner as defined
under the Legal Profession Act 2007 , section 6 (1) ; or
(b) a government
legal officer engaged in government work as defined under the
Legal Profession Act 2007 , section 12 (1) and (2) .
"lodge" means file in the land registry for registration. Note— For filing
an electronic conveyancing document, see the definition
"file" .
"lot" means a separate, distinct parcel of land created on— (a) the
registration of a plan of subdivision; or
(b) the recording of particulars of
an instrument;
and includes a lot under the
Building Units and Group Titles Act 1980 .
"MEDQ" means MEDQ under the Economic Development Act 2012 .
"mill owner" , for part 6 , division 4 , see section 81A .
"mortgage" includes a charge on a lot or an interest in a lot for securing
money or money’s worth.
"new plan of subdivision" , for part 10A , see section 191B .
"non-tidal watercourse" means a watercourse in which the water that flows is
not subject to tidal influence.
"note" , in relation to noting particular information on a document, if the
document is an electronic conveyancing document, means record the information
in electronic form as part of the document in such a way that it is reasonable
to expect the information will be readily accessible as part of the document
so as to be usable for subsequent reference.
"Planning Act" means the Planning Act 2016 .
"plan of subdivision" see section 49 .
"plan of survey" includes a plan that the registrar requires the registered
proprietor of a lot to lodge.
"principal scheme" see section 115C (1) (a) .
"priority development area" means a priority development area under the
Economic Development Act 2012 .
"priority notice" , for part 7A , see section 139 (1) .
"profit a prendre" includes a profit a prendre under the Forestry Act 1959 ,
section 61J .
"proprietor" of a lot means a person entitled to an interest in a lot, whether
or not the person is in possession. Example— A lessee or mortgagee of a lot
is a proprietor of the lot.
"public interest" ...
"public thoroughfare easement" , for part 6 , division 4 , see section 81A .
"public thoroughfare easement" see section 81A .
"public use land" means land dedicated to public use by a plan of subdivision.
"public utility easement" , for part 6 , division 4 , see section 81A .
"public utility provider" , for part 6 , division 4 , see section 81A .
"register" a lot, interest, instrument or other thing means record the
particulars of the thing in the freehold land register.
"registered owner" of a lot means the person recorded in the
freehold land register as the person entitled to the fee simple interest in
the lot.
"registered proprietor" of a lot means a person recorded in the
freehold land register as a proprietor of the lot.
"registrar" means the registrar of titles.
"related instrument" , for part 7A , see section 139 (2) (d) (ii) .
"relevant local government" , for a provision about a lot or proposed lot,
means each local government in whose area the lot or proposed lot is located.
"relevant section" ...
"scheme land" see section 115B (1) (a) .
"short lease" means a lease— (a) for a term of 3 years or less; or
(b) from
year to year or a shorter period.
"sketch plan" ...
"standard format" see section 48B .
"standard format lot" means a lot on a standard format plan of survey.
"State development area" see the
State Development and Public Works Organisation Act 1971 , schedule 2 .
"subsidiary scheme" see section 115C (3) .
"term" includes covenant and condition.
"term" of a lease means the period beginning when the lessee is first entitled
to possession of a lot or part of a lot under the lease and ending when the
lessee is last entitled to possession, even if the lease consists of 2 or more
discontinuous periods.
"tidal boundary" ...
"tidal boundary plan of subdivision" ...
"time share scheme" means a scheme under which participants are to have
exclusive possession of a lot or part of a lot for discontinuous periods.
"titles registry fee" , for a matter mentioned in a provision of this Act,
means the fee payable for the matter under section 198B .
"titles registry function" see the
Queensland Future Fund (Titles Registry) Act 2021 , section 5 .
"titles registry operator" means the operator under the
Queensland Future Fund (Titles Registry) Act 2021 .
"urban development area" ...
"Urban Land Development Authority" ...
"utility infrastructure" see the BCCM Act , schedule 6 .
"utility service" see the BCCM Act , schedule 6 .
"volumetric format" see section 48D .
"volumetric format lot" means a lot on a volumetric format plan of survey.
"watercourse" see the Survey and Mapping Infrastructure Act 2003 , section 63
.
"writ of execution" means a writ or warrant of execution after judgment in any
court, and includes an enforcement warrant.
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