QLDIn ForceAct
Queensland Heritage Act 1992
sec.174Recording of particular matters
Start here
Get a plain-English read of sec.174
Turn the raw legal text into a practical explanation grounded in Queensland Heritage Act 1992.
### sec.174 Recording of particular matters
If—
a place is entered in the Queensland heritage register as a State heritage place; or
the chief executive, under section 80 , enters into a heritage agreement that attaches to land; or
the chief executive, under section 80 (4) , changes a heritage agreement to state that it attaches to the land the subject of the agreement;
the chief executive must give the registrar notice of the entry or heritage agreement.
The notice must include particulars of the land the subject of the entry or heritage agreement.
The registrar must keep a record of the entry or heritage agreement.
The registrar must keep the record in a way that a search of the register kept by the registrar under any Act relating to title to land will show the land—
is a place entered in the Queensland heritage register as a State heritage place; or
is the subject of a heritage agreement.
If—
a State heritage place is removed from the Queensland heritage register; or
a heritage agreement that attaches to land ends;
the chief executive must give the registrar notice of the removal or ending.
The registrar must amend the records kept under this section to show the removal or ending.
While a heritage agreement has effect for a place and is recorded by the registrar under this section, the agreement is binding on—
each person who is from time to time the owner of the place, whether or not the person signed the agreement or agreed to any change to the agreement; and
to the extent the agreement affects the use of the place, the occupier of the place.
In this section—
registrar means the registrar of titles or another person responsible for keeping a register for dealings in land.
s 174 ins 2007 No. 50 s 42
amd 2014 No. 61 s 77
(sec.174-ssec.1) If— a place is entered in the Queensland heritage register as a State heritage place; or the chief executive, under section 80 , enters into a heritage agreement that attaches to land; or the chief executive, under section 80 (4) , changes a heritage agreement to state that it attaches to the land the subject of the agreement; the chief executive must give the registrar notice of the entry or heritage agreement.
(sec.174-ssec.2) The notice must include particulars of the land the subject of the entry or heritage agreement.
(sec.174-ssec.3) The registrar must keep a record of the entry or heritage agreement.
(sec.174-ssec.4) The registrar must keep the record in a way that a search of the register kept by the registrar under any Act relating to title to land will show the land— is a place entered in the Queensland heritage register as a State heritage place; or is the subject of a heritage agreement.
(sec.174-ssec.5) If— a State heritage place is removed from the Queensland heritage register; or a heritage agreement that attaches to land ends; the chief executive must give the registrar notice of the removal or ending.
(sec.174-ssec.6) The registrar must amend the records kept under this section to show the removal or ending.
(sec.174-ssec.7) While a heritage agreement has effect for a place and is recorded by the registrar under this section, the agreement is binding on— each person who is from time to time the owner of the place, whether or not the person signed the agreement or agreed to any change to the agreement; and to the extent the agreement affects the use of the place, the occupier of the place.
(sec.174-ssec.8) In this section— registrar means the registrar of titles or another person responsible for keeping a register for dealings in land.
- (a) a place is entered in the Queensland heritage register as a State heritage place; or
- (b) the chief executive, under section 80 , enters into a heritage agreement that attaches to land; or
- (c) the chief executive, under section 80 (4) , changes a heritage agreement to state that it attaches to the land the subject of the agreement;
- (a) is a place entered in the Queensland heritage register as a State heritage place; or
- (b) is the subject of a heritage agreement.
- (a) a State heritage place is removed from the Queensland heritage register; or
- (b) a heritage agreement that attaches to land ends;
- (a) each person who is from time to time the owner of the place, whether or not the person signed the agreement or agreed to any change to the agreement; and
- (b) to the extent the agreement affects the use of the place, the occupier of the place.