QLDIn ForceAct
Coastal Protection and Management Act 1995
sec.113Land surrender requirement
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### sec.113 Land surrender requirement
The chief executive may, by written notice to the owner of the prescribed land relating to the relevant application, require the owner to surrender all or part of the prescribed land (the required land ) to the State for coastal management if—
the chief executive is satisfied the required land should be surrendered for coastal management; and
the Minister approves the proposed requirement.
A requirement under subsection (1) is a land surrender requirement .
A land surrender requirement must—
be given to the owner within 30 business days after the proposed surrender notice is given to the owner; and
state the following—
details of the required land;
the day the Minister approved the making of the requirement;
that the required land must be surrendered to the State when the plan for reconfiguring the lot to which the relevant application relates is registered under the Land Title Act 1994 ;
the effect of section 114 .
The chief executive may extend the period mentioned in subsection (3) (a) by not more than 10 business days if the owner agrees, in writing, to the extension.
The chief executive must give a copy of the land surrender requirement to—
if the applicant for the relevant application is not the owner of the prescribed land—the applicant; and
the planning chief executive; and
if the relevant application is a development application and the planning chief executive is not the assessment manager for the application—the assessment manager for the application; and
if the relevant application is a change application and the planning chief executive is not the responsible entity for the application—the responsible entity for the application.
This section is subject to section 115 .
s 113 ins 2001 No. 93 s 15
amd 2011 No. 6 s 46
sub 2016 No. 27 s 145
(sec.113-ssec.1) The chief executive may, by written notice to the owner of the prescribed land relating to the relevant application, require the owner to surrender all or part of the prescribed land (the required land ) to the State for coastal management if— the chief executive is satisfied the required land should be surrendered for coastal management; and the Minister approves the proposed requirement.
(sec.113-ssec.2) A requirement under subsection (1) is a land surrender requirement .
(sec.113-ssec.3) A land surrender requirement must— be given to the owner within 30 business days after the proposed surrender notice is given to the owner; and state the following— details of the required land; the day the Minister approved the making of the requirement; that the required land must be surrendered to the State when the plan for reconfiguring the lot to which the relevant application relates is registered under the Land Title Act 1994 ; the effect of section 114 .
(sec.113-ssec.4) The chief executive may extend the period mentioned in subsection (3) (a) by not more than 10 business days if the owner agrees, in writing, to the extension.
(sec.113-ssec.5) The chief executive must give a copy of the land surrender requirement to— if the applicant for the relevant application is not the owner of the prescribed land—the applicant; and the planning chief executive; and if the relevant application is a development application and the planning chief executive is not the assessment manager for the application—the assessment manager for the application; and if the relevant application is a change application and the planning chief executive is not the responsible entity for the application—the responsible entity for the application.
(sec.113-ssec.6) This section is subject to section 115 .
- (a) the chief executive is satisfied the required land should be surrendered for coastal management; and
- (b) the Minister approves the proposed requirement.
- (a) be given to the owner within 30 business days after the proposed surrender notice is given to the owner; and
- (b) state the following— (i) details of the required land; (ii) the day the Minister approved the making of the requirement; (iii) that the required land must be surrendered to the State when the plan for reconfiguring the lot to which the relevant application relates is registered under the Land Title Act 1994 ; (iv) the effect of section 114 .
- (i) details of the required land;
- (ii) the day the Minister approved the making of the requirement;
- (iii) that the required land must be surrendered to the State when the plan for reconfiguring the lot to which the relevant application relates is registered under the Land Title Act 1994 ;
- (iv) the effect of section 114 .
- (i) details of the required land;
- (ii) the day the Minister approved the making of the requirement;
- (iii) that the required land must be surrendered to the State when the plan for reconfiguring the lot to which the relevant application relates is registered under the Land Title Act 1994 ;
- (iv) the effect of section 114 .
- (a) if the applicant for the relevant application is not the owner of the prescribed land—the applicant; and
- (b) the planning chief executive; and
- (c) if the relevant application is a development application and the planning chief executive is not the assessment manager for the application—the assessment manager for the application; and
- (d) if the relevant application is a change application and the planning chief executive is not the responsible entity for the application—the responsible entity for the application.