Queensland Numbered Acts

TRANSPORT AND OTHER LEGISLATION AMENDMENT ACT 2011 No. 12 - SECT 35

After section 105J—

insert—

'(1) This section applies if the Minister makes an additional local government tollway corridor land declaration.

'(2) For applying section 105J to the additional local government tollway corridor land, the following apply—

(a) despite section 105J(4)—

(i) the Minister administering the Land Act 1994 is taken to have amended the lease of the original local government tollway corridor land (the amended perpetual lease) under the Land Act 1994, section 360A, to include the additional local government tollway corridor land; and

(ii) the chief executive must lodge with the registrar of titles the documents that the registrar considers necessary to evidence the amended perpetual lease in the leasehold land register;

(b) a reference in section 105J(5) to the lease is taken to be a reference to the amended perpetual lease;

(c) a reference in section 105J(5)(c) to the local government tollway corridor land includes a reference to the additional local government tollway corridor land;

(d) despite section 105J(5)(d), the terms that apply to the amended perpetual lease are the terms mentioned in section 105H(11)(b);

(e) despite section 105J(6), the sublease is taken to be amended (the amended sublease) to include the additional local government tollway corridor land;

(f) despite section 105J(8)(a), the terms of the amended sublease are the same as the terms of the sublease immediately before the additional local government tollway corridor land declaration is made;

(g) a reference in section 105J(8)(b) to the land includes a reference to the additional local government tollway corridor land;

(h) without limiting section 105J(9) and (10), the additional local government tollway corridor land may be added to a lease under the subsection of the original local government tollway corridor land;

(i) the Land Act 1994, section 336(3) and (4) do not apply to an amendment of the sublease to include the additional local government tollway corridor land;

(j) the chief executive must lodge in the leasehold land register the documents the registrar of titles considers necessary to give effect to the amended sublease;

(k) the amended sublease operates as if it had been originally issued or executed as amended.

'(3) If the additional local government tollway corridor land is to be added to a sub-sublease—

(a) the sub-sublease is taken to be amended (the amended sub-sublease) to include the additional local government tollway corridor land; and

(b) the Land Act 1994, section 336(3) and (4) do not apply to an amendment of the sub-sublease to include the additional local government tollway corridor land; and

(c) the chief executive must lodge with the registrar of titles the documents the registrar considers necessary to evidence the amended sub-sublease in the leasehold land register; and

(d) the amended sub-sublease operates as if it had been originally issued or executed as amended.

'(4) For subsections (2)(a)(ii) and (j) and (3)(c), no fee is payable for lodging the documents.

'(5) In this section—

sublease means the lease of the original local government tollway corridor land under section 105J(6).

sub-sublease means a lease of original local government tollway corridor land under section 105J(9) or (10).'.