Queensland Numbered Acts Queensland Numbered ActsChapter 3, part 2, divisions 4 and 5--
omit, insert--
'(1) If the Minister permanently closes a road, the road is permanently closed by the registration of a plan of subdivision.
'(2) The permanent closure of the road takes effect on the day the plan of subdivision is registered.
'(1) If the Minister is satisfied a road being permanently closed is of adequate area, having regard to the location of the road and the use made of adjoining land, to be used as a lot, the road--
(a) must be shown as a lot on the plan of subdivision; and
(b) may be dealt with as unallocated State land.
'(2) If the Minister is not satisfied under subsection (1), the road must be amalgamated with--
(a) adjoining unallocated State land; or
(b) if there is no adjoining unallocated State land--the land of an adjoining owner for the road.
'(1) A registered owner may apply for the simultaneous opening and closing of roads if--
(a) a road is being opened in the land (the relevant land) the subject of a deed of grant; and
(b) at the same time--
(i) a road within the boundaries of or adjoining the relevant land is being closed; or
(ii) a road within the boundaries of land (the additional land) the subject of another deed of grant is being closed and the additional land and the relevant land adjoin and are owned by the same registered owner; or
(iii) a road adjoining land (also the additional land) the subject of another deed of grant is being closed and the additional land and the relevant land adjoin and are owned by the same registered owner; and
(c) the road being opened is a replacement of the road being closed.
'(2) The registered owner may ask that the following be included in a deed of grant issued under section 358--
(a) any severance of land created by the road being opened;
(b) the road being closed.
'(3) The Minister's approval of an application under subsection (1) may be subject to conditions.
'(4) A registered owner may appeal against the conditions mentioned in subsection (3).
'(5) The Land Title Act 1994, section 50, and the provisions of the Integrated Planning Act 1997, about reconfiguring a lot do not apply to the repositioning of a road under this section.
'(6) In this section--
close, a road, means permanently close the road under section 108.
open, a road, means open for public use as a road under section 94.
'(1) A trustee or lessee may apply for the simultaneous opening and closure of roads if--
(a) a road is being opened in trust land or lease land (the relevant land); and
(b) at the same time a road within the boundaries of or adjoining the relevant land is being closed; and
(c) the road being opened is a replacement of the road being closed.
'(2) If a trustee makes an application under subsection (1), the trustee may ask that the land in the road being closed be included in--
(a) if the trustee is the trustee under a deed of grant in trust--a deed of grant in trust issued under section 358; or
(b) if the trustee is the trustee of a reserve--the land dedicated as a reserve under section 31A.
'(3) If a lessee makes an application under subsection (1), the lessee may ask that the land in the road being closed--
(a) if the lease is a freeholding lease--be amalgamated with the lease land under section 360(1)(e); or
(b) if the lease is a term lease, other than a State lease, or a perpetual lease--be amalgamated with the lease land under section 360A(2)(d).
'(4) The Minister's approval of the application may be subject to conditions.
'(5) A trustee or lessee may appeal against the conditions mentioned in subsection (4).
'(6) The Land Title Act 1994, section 50, and the provisions of the Integrated Planning Act 1997, about reconfiguring a lot do not apply to the replacement of a road in a deed of grant in trust under this section.
'(7) In this section--
close, a road, means permanently close the road under section 108.
open, a road, means open for public use as a road under section 94.
'(1) This section applies if--
(a) land must be amalgamated under section 109(2)(b); or
(b) a registered owner has asked for an amalgamation of land under section 109A(2); or
(c) a lessee has asked for an amalgamation of land under section 109B(3).
'(2) Before the road is permanently closed, the road must be--
(a) sold to 1 or more adjoining owners who are registered owners or lessees who have freeholding leases; or
(b) with or without the payment of a premium as the Minister considers appropriate--leased to 1 or more adjoining owners who are lessees, other than lessees of freeholding leases.
'(3) Subsection (2) does not apply to an adjoining owner who is a trustee of trust land.
'(4) The Minister must decide the purchase price or the cash premium.'.