Queensland Consolidated Acts

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Restrictions on the perpetuity rule

217 Restrictions on the perpetuity rule

(1) For removing doubts, it is declared that the rule of law relating to perpetuities does not apply and shall be deemed never to have applied—
(a) to any power to distrain on or to take possession of land or the income of the land given by way of indemnity against a rent, whether charged upon or payable in respect of any part of that land or not; or
(b) to any rent charge created only as an indemnity against another rent charge, although the indemnity rent charge may arise or become payable only on breach of a condition or stipulation; or
(c) to any power, whether exercisable on breach of a condition or stipulation or not, to retain or withhold payment of any instalment of a rent charge as an indemnity against another rent charge; or
(d) to any grant, exception or reservation of and right of entry on, or user of, the surface of land or of any easements, rights or privileges over or under land for the purpose of—
(i) winning, working, inspecting, measuring, converting, manufacturing, carrying away and disposing of mines and minerals; and
(ii) inspecting, grubbing up, felling and carrying away timber and other trees, and the tops and lops of them; and
(iii) executing repairs, alterations or additions to any adjoining land, or the buildings and erections on the land; and
(iv) constructing, laying down, altering, repairing, renewing, cleansing and maintaining sewers, watercourses, cesspools, gutters, drains, water pipes, gas pipes, electric wires or cables or other like works.
(2) This section applies to instruments coming into operation before or after the commencement of this Act.
(3) In this section—

"instrument" includes a statute creating a settlement.

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