Queensland Numbered Acts

ECONOMIC DEVELOPMENT AND OTHER LEGISLATION AMENDMENT ACT 2019 - SECT 76

76 Insertion of new ch 3, pt 2, div 4B

Chapter 3 , part 2 —
insert—

Division 4B - Public thoroughfare easements

51AV Registration of public thoroughfare easement under Land Title Act 1994

(1) This section applies in relation to an instrument of easement—

(a) over freehold land that is in a priority development area or is PDA-associated land for a priority development area; and

(b) for a right of way for the public; and

(c) in favour of a local government.

(2) The Land Title Act 1994 , section 89(6) does not apply in relation to the registration under that Act of the instrument of easement.

(3) If the instrument of easement may, but for subsection (2), be refused registration under the Land Title Act 1994 , section 89(6)—

(a) the easement created on registration of the instrument is taken to be a public thoroughfare easement under that Act; and

(b) section 89(4) of that Act does not apply to the easement.

51AW Non-application of particular provisions to land subject to particular public thoroughfare easements The provisions of the City of Brisbane Act 2010 , or the Local Government Act 2009 , about land subject to a public thoroughfare easement do not apply in relation to freehold land that—

(a) is in a priority development area or is PDA-associated land for a priority development area; and

(b) is subject to a public thoroughfare easement registered under the Land Title Act 1994 , section 89, including because of the operation of section 51AV of this Act, in favour of a local government.