Queensland Consolidated Acts

LAND ACT 1994 - SECT 359

359 Correcting or cancelling deeds of grant

(1) A notice of intention to correct, or cancel, a deed of grant must be published in the gazette if it appears that the deed of grant—

(a) is incorrect because of an error in issuing it; or

(b) should not have been issued.

(2) If the Minister considers it appropriate, the Minister may—

(a) apply to the Supreme Court for directions; or

(b) state a case for decision by the Supreme Court.

(3) If the Governor in Council is satisfied the deed of grant is incorrect or should not have been issued, the Governor in Council may publish a gazette notice correcting the error or cancelling the deed of grant.

(4) On the publication of the notice, the registrar of titles must record the correction or cancellation in the appropriate register.

(5) The corrected deed of grant operates as if it had been originally issued that way.

(6) The cancelled deed of grant is taken never to have been issued.

(7) This section does not apply to the correction of a deed of grant if the correction has been made under section 358C .

(8) In this section—

"deed of grant" includes a deed of grant in trust.