Queensland Consolidated Acts

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LAND ACT 1994 - SECT 43

Only Parliament may delete land from or cancel an existing deed of grant in trust

43 Only Parliament may delete land from or cancel an existing deed of grant in trust

(1) Only an Act may—
(a) delete land from an existing deed of grant in trust; or
(b) cancel an existing deed of grant in trust.
(2) This section has effect despite sections 37 and 38 .
(3) Subsection (1) (b) does not apply to the cancellation of a deed of grant in trust under section 358 for the purposes of an amalgamation under section 42A .
(4) For subsection (1) , an interest in land in an existing deed of grant in trust may be taken under the Acquisition Act by a constructing authority.
(5) However, an interest in land in an existing deed of grant in trust may be taken under the Acquisition Act only for a relevant purpose.
(6) To remove any doubt, it is declared that, for taking an interest in land in an existing deed of grant in trust under the Acquisition Act , the land is land as defined in that Act.
(7) Subsection (1) does not apply to a deletion of land from an existing deed of grant in trust, or the cancellation of an existing deed of grant in trust, as a result of the taking of the land under the Acquisition Act .
(8) In this section—

"Acquisition Act" means the Acquisition of Land Act 1967 .

"relevant purpose" means any purpose for which land may be taken under the Acquisition Act by a constructing authority, other than a purpose under—
(a) the State Development and Public Works Organisation Act 1971 ; or
(b) the Petroleum and Gas (Production and Safety) Act 2004 ; or
(c) the Greenhouse Gas Storage Act 2009 ; or
(d) the Geothermal Energy Act 2010 .



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