Queensland Numbered Acts

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LAND AND OTHER LEGISLATION AMENDMENT ACT 2007 No. 19 - SECT 144

144 Replacement of s 290K (Particulars to be recorded on registration of plan)

Section 290K--

omit, insert--

'(1) This section applies to the dedication of land to public use in a registered plan of subdivision.

'(2) If the dedication is for a reserve, the coming into effect of the plan operates, without anything further, to dedicate the land as a reserve for the community purpose or purposes stated in the plan.

'(3) If the dedication is for a road, the coming into effect of the plan operates, without anything further, to open the land as a road.

'(4) If the dedication is for a public use other than a road or a reserve, on the coming into effect of the plan, the land becomes unallocated State land.

'(5) Subsection (6) 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 (3).

'(6) The easement is extinguished to the extent it is over the lot or the part of the lot dedicated for the road.

'A plan of subdivision providing for the dedication of a lot to public use, other than as a road, may be registered only if--

(a) on the registration and coming into effect of the plan, access to the lot will be available through a road or a public thoroughfare easement; or
(b) the Minister has approved that the plan of subdivision may be registered without access to the lot being available.

'In registering a plan of subdivision, the chief executive must record in the appropriate register--

(a) if the boundaries of land affected by the plan of subdivision are changed on the coming into effect of the plan--any new description as identified on the reverse of the plan; and
(b) if all or part of land affected by the plan of subdivision becomes a reserve on the coming into effect of the plan--the particulars of the reserve; and
(c) if all or part of land affected by the plan of subdivision becomes public use land other than a reserve or road--the particulars of the unallocated State land.'.


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