QLDIn ForceAct
Duties Act 2001
sec.167What are an entity’s land-holdings
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### sec.167 What are an entity’s land-holdings
An entity’s land-holdings means the following—
the entity’s interest in land, and anything fixed to the land that may be separately owned from the land (whether or not the entity has an interest in the thing fixed to the land), other than—
a security interest; or
an interest in a trust;
See the Acts Interpretation Act 1954 , schedule 1 , definition interest .
rights held by the entity that—
relate to, or affect, the use of the entity’s land and other land; and
enhance the value of the entity’s land;
an interest in land, and anything fixed to the land, that is the subject of a purchase agreement or sale agreement made by the entity.
Also, an entity’s land-holdings includes the land-holdings, under subsection (1) , held by the entity for a partnership of which the entity is a partner as if a reference in the subsection to land, an interest in land or rights, were a reference to land, an interest in land or rights held by the entity for the partnership.
Also, an entity’s land-holdings includes the land-holdings, under subsection (1) or (2) , of a subsidiary of the entity as if a reference in the subsection to an entity were a reference to the subsidiary.
Despite subsections (1) to (3) , an entity’s land-holdings do not include—
for a corporation—land-holdings held on trust by the corporation or a subsidiary of it unless the corporation or any subsidiary of it is a beneficiary of the trust; or
for a listed unit trust—land-holdings held on trust by a subsidiary of it unless the listed unit trust or any subsidiary of it is a beneficiary of the trust.
s 167 amd 2011 No. 20 s 79 ; 2012 No. 25 s 5 ; 2019 No. 20 s 9
(sec.167-ssec.1) An entity’s land-holdings means the following— the entity’s interest in land, and anything fixed to the land that may be separately owned from the land (whether or not the entity has an interest in the thing fixed to the land), other than— a security interest; or an interest in a trust; See the Acts Interpretation Act 1954 , schedule 1 , definition interest . rights held by the entity that— relate to, or affect, the use of the entity’s land and other land; and enhance the value of the entity’s land; an interest in land, and anything fixed to the land, that is the subject of a purchase agreement or sale agreement made by the entity.
(sec.167-ssec.2) Also, an entity’s land-holdings includes the land-holdings, under subsection (1) , held by the entity for a partnership of which the entity is a partner as if a reference in the subsection to land, an interest in land or rights, were a reference to land, an interest in land or rights held by the entity for the partnership.
(sec.167-ssec.3) Also, an entity’s land-holdings includes the land-holdings, under subsection (1) or (2) , of a subsidiary of the entity as if a reference in the subsection to an entity were a reference to the subsidiary.
(sec.167-ssec.4) Despite subsections (1) to (3) , an entity’s land-holdings do not include— for a corporation—land-holdings held on trust by the corporation or a subsidiary of it unless the corporation or any subsidiary of it is a beneficiary of the trust; or for a listed unit trust—land-holdings held on trust by a subsidiary of it unless the listed unit trust or any subsidiary of it is a beneficiary of the trust.
- (a) the entity’s interest in land, and anything fixed to the land that may be separately owned from the land (whether or not the entity has an interest in the thing fixed to the land), other than— (i) a security interest; or (ii) an interest in a trust; Note— See the Acts Interpretation Act 1954 , schedule 1 , definition interest .
- (i) a security interest; or
- (ii) an interest in a trust;
- (b) rights held by the entity that— (i) relate to, or affect, the use of the entity’s land and other land; and (ii) enhance the value of the entity’s land;
- (i) relate to, or affect, the use of the entity’s land and other land; and
- (ii) enhance the value of the entity’s land;
- (c) an interest in land, and anything fixed to the land, that is the subject of a purchase agreement or sale agreement made by the entity.
- (i) a security interest; or
- (ii) an interest in a trust;
- (i) relate to, or affect, the use of the entity’s land and other land; and
- (ii) enhance the value of the entity’s land;
- (a) for a corporation—land-holdings held on trust by the corporation or a subsidiary of it unless the corporation or any subsidiary of it is a beneficiary of the trust; or
- (b) for a listed unit trust—land-holdings held on trust by a subsidiary of it unless the listed unit trust or any subsidiary of it is a beneficiary of the trust.