QLDIn ForceAct
Land Act 1994
sec.369BTransfer of benefited land
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### sec.369B Transfer of benefited land
This section applies if—
land burdened by an easement is unallocated State land or a reserve; and
the document creating the easement includes a provision (the power of attorney provision ) appointing the grantor of the easement the attorney of the grantee of the easement, including for the purpose of surrendering the easement if circumstances stated in the document happen; and
since the easement was created, the person (the original owner ) who was the owner of the land benefited by the easement when the easement was created has not always been the owner of the land, whether or not the original owner is now the owner of the land.
The power of attorney provision binds the current owner of the land benefited by the easement, whether or not, since the easement was created, the current owner of the land has always been the owner of the land.
In this section—
current owner , of land, means the person who is now the owner of the land.
owner , of land, includes—
for land granted in trust—the trustee of the land; and
otherwise—a registered owner, lessee or licensee of the land.
s 369B ins 1997 No. 78 s 57
amd 2004 No. 4 s 38
(sec.369B-ssec.1) This section applies if— land burdened by an easement is unallocated State land or a reserve; and the document creating the easement includes a provision (the power of attorney provision ) appointing the grantor of the easement the attorney of the grantee of the easement, including for the purpose of surrendering the easement if circumstances stated in the document happen; and since the easement was created, the person (the original owner ) who was the owner of the land benefited by the easement when the easement was created has not always been the owner of the land, whether or not the original owner is now the owner of the land.
(sec.369B-ssec.2) The power of attorney provision binds the current owner of the land benefited by the easement, whether or not, since the easement was created, the current owner of the land has always been the owner of the land.
(sec.369B-ssec.3) In this section— current owner , of land, means the person who is now the owner of the land. owner , of land, includes— for land granted in trust—the trustee of the land; and otherwise—a registered owner, lessee or licensee of the land.
- (a) land burdened by an easement is unallocated State land or a reserve; and
- (b) the document creating the easement includes a provision (the power of attorney provision ) appointing the grantor of the easement the attorney of the grantee of the easement, including for the purpose of surrendering the easement if circumstances stated in the document happen; and
- (c) since the easement was created, the person (the original owner ) who was the owner of the land benefited by the easement when the easement was created has not always been the owner of the land, whether or not the original owner is now the owner of the land.
- (a) for land granted in trust—the trustee of the land; and
- (b) otherwise—a registered owner, lessee or licensee of the land.