Queensland Consolidated Acts

LAND ACT 1994 - SECT 290J

290J Requirements for registration of plan of subdivision

(1) A plan of subdivision must—

(a) show all proposed lots marked with separate and distinct numbers; and

(b) show all proposed easements marked with separate and distinct letters; and

(c) distinctly show all roads, parks, reserves and other proposed lots that are to be public use land; and

(d) if it provides for any proposed public use land to be a reserve—state the community purpose of the reserve; and

(e) comply with the Survey and Mapping Infrastructure Act 2003 ; and

(f) be certified as accurate by a cadastral surveyor within the meaning of the Surveyors Act 2003 ; and

(g) if any land the subject of the plan of subdivision is the subject of a lease issued under this Act, include a statement agreeing to the plan by—

(i) if there is a mortgagee in possession of the lease—the mortgagee in possession; or

(ii) otherwise—the lessee of the lease; and

(h) if any land the subject of the plan of subdivision is the subject of an occupation licence under this Act and the licensee is surrendering all or part of the licence—include a statement agreeing to the plan by the licensee; and

(i) if a road is permanently closed under section 108 —show the road as permanently closed; and

(j) if a road permanently closed is amalgamated with land under section 109 (2) —show the amalgamation; and

(k) be consented to by the Minister; and

(l) be consented to by—

(i) each person whose interests as a registered mortgagee are affected by the plan; and

(ii) each person whose interests as a registered sublessee are affected by the plan; and

(iii) each person whose interests as a registered grantee of an easement or profit a prendre are affected by the plan; and

(iv) if the land the subject of the plan of subdivision is the subject of a conservation agreement—the chief executive of the department in which the Nature Conservation Act 1992 is administered; and

(m) include a statement identifying each lot created by the plan of subdivision that is to remain subject to the title reference for any lease, licence, reserve or unallocated State land affected by the plan.

(2) If the plan of subdivision defines the boundaries of a lease, or part of a lease, or another interest in land less than freehold, that is acquired by resumption under the authority of an Act—

(a) subsection (1) (g) , (h) , (k) and (l) does not apply; and

(b) the plan must be consented to by the acquiring entity.

(3) If the plan of subdivision relates only to transport land, the plan of subdivision need not be consented to by the Minister as otherwise would be required under subsection (1) .

(4) If the plan of subdivision is needed to effect the absolute or partial revocation of a reserve or the absolute or partial cancellation of an occupation licence, subsection (1) (l) does not apply.

(5) Subsection (6) applies, despite subsection (1) , if—

(a) the land the subject of the subdivision is in a priority development area; and

(b) the plan of subdivision has been consented to by MEDQ.

(6) The plan must be registered without the consent of the Minister or anyone else whose consent would otherwise have been required for the plan if it otherwise complies with this section.