QLDIn ForceAct
Land Act 1994
sec.127Reclaimed land
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### sec.127 Reclaimed land
If a person has reclaimed land under the authority of an Act—
the Governor in Council may issue to the person, without competition, a deed of grant over all or part of the land; or
the Minister may issue to the person, without competition, a lease over all or part of the land.
When granting the reclaimed land, the Governor in Council or Minister may amalgamate the land granted with an adjoining tenure held by the person.
If the reclaimed land is already held under lease, the lease must be surrendered before a new lease or deed of grant is issued.
If a deed of grant or lease is issued over only part of the reclaimed land, the rest of the land must be dedicated as a reserve or a road.
If the reclaimed land is dedicated as a reserve and the person who reclaimed the land wishes to be the trustee of the reserve, the Minister must appoint the person as the trustee.
If a deed of grant is issued, the purchase price is—
the purchase price stated in the permission to reclaim the land or in the lease; or
if no purchase price is stated—the amount of the unimproved value of the land, on the day the permission to reclaim the land was given, decided by the Minister in the way prescribed by regulation.
The person may appeal against the Minister’s decision on the amount of the unimproved value.
s 127 amd 2007 No. 19 s 59 ; 2014 No. 29 s 32
(sec.127-ssec.1) If a person has reclaimed land under the authority of an Act— the Governor in Council may issue to the person, without competition, a deed of grant over all or part of the land; or the Minister may issue to the person, without competition, a lease over all or part of the land.
(sec.127-ssec.2) When granting the reclaimed land, the Governor in Council or Minister may amalgamate the land granted with an adjoining tenure held by the person.
(sec.127-ssec.3) If the reclaimed land is already held under lease, the lease must be surrendered before a new lease or deed of grant is issued.
(sec.127-ssec.4) If a deed of grant or lease is issued over only part of the reclaimed land, the rest of the land must be dedicated as a reserve or a road.
(sec.127-ssec.5) If the reclaimed land is dedicated as a reserve and the person who reclaimed the land wishes to be the trustee of the reserve, the Minister must appoint the person as the trustee.
(sec.127-ssec.6) If a deed of grant is issued, the purchase price is— the purchase price stated in the permission to reclaim the land or in the lease; or if no purchase price is stated—the amount of the unimproved value of the land, on the day the permission to reclaim the land was given, decided by the Minister in the way prescribed by regulation.
(sec.127-ssec.7) The person may appeal against the Minister’s decision on the amount of the unimproved value.
- (a) the Governor in Council may issue to the person, without competition, a deed of grant over all or part of the land; or
- (b) the Minister may issue to the person, without competition, a lease over all or part of the land.
- (a) the purchase price stated in the permission to reclaim the land or in the lease; or
- (b) if no purchase price is stated—the amount of the unimproved value of the land, on the day the permission to reclaim the land was given, decided by the Minister in the way prescribed by regulation.