Queensland Numbered Acts

PLANNING ACT 2016 - SECT 154

154 When infrastructure agreement binds successors in title

(1) This section applies if the owner of premises to which an infrastructure agreement applies—

(a) is a party to the agreement; or

(b) consents to the responsibilities under the agreement being attached to the premises.

(2) However, subsection (1) does not apply to any responsibilities that a public sector entity is to fulfil.

(3) The responsibilities under the infrastructure agreement attach to the premises and bind the owner of the premises and the owner’s successors in title.

(4) If the owner’s consent under subsection (1) is given but not endorsed on the agreement, the owner must give a copy of the document evidencing the owner’s consent to the local government for the premises to which the consent applies.

(5) Despite subsection (3), subsections (6) and (7) apply if—

(a) the infrastructure agreement states that if the premises are subdivided, part of the premises is to be released from the responsibilities; and

(b) the premises are subdivided.

(6) The part is released from the responsibilities.

(7) The responsibilities are no longer binding on the owner of the part.