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LAND TITLE ACT 1994 - SECT 51
Dedication of public use land in plan
51 Dedication of public use land in plan
(1) The dedication of a lot to public use in a plan of subdivision must be of
the registered proprietor’s whole interest in the lot.
(2) On registration
of the plan, without anything further— (a) if the dedication is for a
road—the road is opened for the Land Act 1994 ; or
(b) if the dedication is
for a non-tidal watercourse or a lake—the plan is taken to be the source
material for the land for the Survey and Mapping Infrastructure Act 2003 ,
section 99 ; or Note— The Survey and Mapping Infrastructure Act 2003 ,
section 99 defines when a boundary of land is a non-tidal boundary
(watercourse) or non-tidal boundary (lake). See the Land Act 1994 , section
13A for provisions about the ownership of land on the watercourse side or lake
side of one of these boundaries.
(c) if the dedication is for an identified
community purpose under the Land Act 1994 and the plan is consented to by the
Minister administering the Land Act 1994 —the lot is dedicated as a reserve
for the community purpose; or
(d) otherwise—the lot becomes unallocated
State land under the Land Act 1994 .
(3) Subsection (4) applies to an
easement over a lot if— (a) the easement is an easement for providing access
or a right of way, including a public thoroughfare easement; and
(b) the lot
or a part of the lot is dedicated for a road under subsection (2) .
(4) The
easement is extinguished to the extent it is over the lot or the part of the
lot dedicated for the road.
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