Queensland Consolidated Acts

LAND ACT 1994 - SECT 109B

109B Simultaneous opening and closure of roads—trust land or lease land

(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) A trustee or lessee may appeal against any conditions the Minister imposes under section 420I .

(5) The Land Title Act 1994 , section 50 , and the provisions of the Planning Act about reconfiguring a lot do not apply to the replacement of a road in a deed of grant in trust 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 .