Queensland Consolidated Acts

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ENVIRONMENTAL PROTECTION ACT 1994 - SECT 275B

Recording of residual risks

275B Recording of residual risks

(1) This section applies if the administering authority approves a surrender application for which there is a post-surrender management report that includes a risk management plan for land the subject of the surrender application.
(2) As soon as practicable after approving the surrender application, the administering authority must give the registrar of titles written notice of the following—
(a) each lot (each an
"affected lot" ), comprising or included in the land, in relation to which remedial action or ongoing management activities may need to be carried out;
(b) the existence of the relevant post-surrender management report for each affected lot.
(3) The notice must include particulars of each affected lot.
(4) The registrar must keep records that—
(a) show each affected lot is subject to residual risks; and
(b) state the places where the relevant post-surrender management report for each affected lot may be inspected.
(5) The registrar must keep the records in a way that a search of the register kept by the registrar under any Act relating to title to an affected lot will show—
(a) the affected lot is subject to residual risks; and
(b) the existence of the relevant post-surrender management report for the affected lot.
(6) If the administering authority forms the belief that an affected lot is not or is no longer subject to residual risks—
(a) the administering authority must, as soon as practicable after forming the belief, give the registrar written notice of the belief; and
(b) the registrar must, as soon as practicable after receiving the notice under paragraph (a) , remove the details mentioned in subsection (5) (a) and (b) for the affected lot from the registrar’s records.
(7) In this section—

"lot" means—
(a) a lot under the Land Title Act 1994 ; or
(b) a separate, distinct parcel of land for which an interest is recorded in a register under the Land Act 1994 .

"relevant post-surrender management report" , for an affected lot, means the post-surrender management report for the land, the subject of a surrender application, comprising or including the affected lot.



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