Queensland Consolidated Acts

LAND ACT 1994 - SECT 431Q

431Q Regulation may declare area of seashore to be a declared beach area

(1) A regulation may declare a part of a lot to be a declared beach area.

(2) The part of the lot declared under subsection (1) must essentially be seashore and must, if practicable, extend to include a natural feature that is—

(a) suitable for physically delineating the extent of the declared beach area; and

(b) capable of being regarded as being ambulatory in nature.

Examples of a natural feature—

• the top of a bank

• the toe of a dune

(3) The declared beach area must be shown, in the way the registrar of titles requires, on a plan of survey identified in the regulation.

(4) Until the plan of survey is registered as provided for under this section, a copy of the plan of survey must be held by the chief executive and be available for inspection.

(5) The declaration of a part of a lot as a declared beach area does not affect the rights or obligations of any person in relation to the part until, on a request from the chief executive in the approved form, the following are registered for the lot in the appropriate register for the lot—

(a) the declaration;

(b) the plan of survey.

(6) The plan of survey may be registered without the consent of anyone whose consent would otherwise have been required under this Act or the Land Title Act 1994 if the plan otherwise complies with this Act or the Land Title Act 1994 and has been endorsed with the consent of the chief executive or the Minister.

(7) If the declaration of a part of a lot as a declared beach area is repealed—

(a) the part ceases to be a declared beach area; and

(b) the registrar of titles, on a request from the chief executive in the approved form, must cancel the registration of the declaration.

(8) No fee is payable in relation to the lodgement or registration of a request or other document under subsection (5) or (7) .