sec.9Failure to construct road

### sec.9 Failure to construct road Should the company fail to survey, construct and dedicate the road as provided for in section 7 , the Livingstone Shire Council, notwithstanding the provisions of any other Act, is hereby authorised to take all necessary action to survey, construct and dedicate a road between the Yeppoon to Byfield Declared Road and Landing Reserve R11 parish of Woodlands county of Palmerston at Fishing Creek. All costs and expenses incurred and certified by the Livingstone Shire Council to have been incurred in surveying, constructing and dedicating the road in accordance with subsection (1) shall be a debt due and owing by the company to the Livingstone Shire Council and may be registered as a debt in any court in Queensland and recovered in any manner prescribed for the recovery of debts in that court. Notwithstanding the provisions of subsection (2) , such debt, when certified to the registrar of titles by the Livingstone Shire Council, shall constitute a charge upon the land identified in schedule 1 as held in fee simple by the company and shall be registered as such upon the title to such land by the registrar of titles and shall not be discharged from the title to such land until the registrar of titles has received from the Livingstone Shire Council a certificate to the effect that such debt has been discharged, and, until such debt is discharged, such land shall not be the subject of any dealing. Upon completion of the road in accordance with this section and payment by the company of any costs and expenses, the dedicated road to Landing Reserve R11 parish of Woodlands county of Palmerston at Fishing Creek as identified in schedule 1 shall be permanently closed and thereupon shall be held by the company in fee simple and the road, as provided for in subsection (1) , shall be Crown land and deemed to be dedicated as a road for public use under and for the purposes of the Land Act 1962 . The registrar of titles and the surveyor-general shall make all recordings, entries or endorsements in the appropriate registers or records as they think necessary to record the dedication or closure of the road in accordance with this section and shall execute all such other acts, matters and things as may be necessary or proper to enable the delivery up of any grant or grants, certificate or certificates of title for land and the issue of a new grant or grants, certificate or certificates of title to that land. (sec.9-ssec.1) Should the company fail to survey, construct and dedicate the road as provided for in section 7 , the Livingstone Shire Council, notwithstanding the provisions of any other Act, is hereby authorised to take all necessary action to survey, construct and dedicate a road between the Yeppoon to Byfield Declared Road and Landing Reserve R11 parish of Woodlands county of Palmerston at Fishing Creek. (sec.9-ssec.2) All costs and expenses incurred and certified by the Livingstone Shire Council to have been incurred in surveying, constructing and dedicating the road in accordance with subsection (1) shall be a debt due and owing by the company to the Livingstone Shire Council and may be registered as a debt in any court in Queensland and recovered in any manner prescribed for the recovery of debts in that court. (sec.9-ssec.3) Notwithstanding the provisions of subsection (2) , such debt, when certified to the registrar of titles by the Livingstone Shire Council, shall constitute a charge upon the land identified in schedule 1 as held in fee simple by the company and shall be registered as such upon the title to such land by the registrar of titles and shall not be discharged from the title to such land until the registrar of titles has received from the Livingstone Shire Council a certificate to the effect that such debt has been discharged, and, until such debt is discharged, such land shall not be the subject of any dealing. (sec.9-ssec.4) Upon completion of the road in accordance with this section and payment by the company of any costs and expenses, the dedicated road to Landing Reserve R11 parish of Woodlands county of Palmerston at Fishing Creek as identified in schedule 1 shall be permanently closed and thereupon shall be held by the company in fee simple and the road, as provided for in subsection (1) , shall be Crown land and deemed to be dedicated as a road for public use under and for the purposes of the Land Act 1962 . (sec.9-ssec.5) The registrar of titles and the surveyor-general shall make all recordings, entries or endorsements in the appropriate registers or records as they think necessary to record the dedication or closure of the road in accordance with this section and shall execute all such other acts, matters and things as may be necessary or proper to enable the delivery up of any grant or grants, certificate or certificates of title for land and the issue of a new grant or grants, certificate or certificates of title to that land.