QLDIn ForceAct
Survey and Mapping Infrastructure Act 2003
sec.74Special provision for plans of survey approved under stay provisions
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### sec.74 Special provision for plans of survey approved under stay provisions
This section applies if—
the registration of a plan of survey of land (the relevant plan of survey ) was approved under the Land Act 1994 , section 431ND or 431NE or the Land Title Act 1994 , section 191D or 191E before the repeal of those provisions; and
the relevant plan of survey—
was registered before the commencement of this section; or
is registered after the commencement of this section.
Subsections (3) to (5) apply to the land—
if subsection (1) (b) (i) applies—from the commencement of this section; or
if subsection (1) (b) (ii) applies—from the registration of the relevant plan of survey.
The tidal boundary of the land is, at law, the natural feature or anything else represented on the plan of survey.
To decide where the tidal boundary is located at any time after the commencement of this section or the registration of the relevant plan of survey, there must be taken into account the application of the ambulatory boundary principles to a natural feature represented on the relevant plan of survey.
Subdivisions 2 and 3 do not apply to the location at law of the tidal boundary of the land, but subdivision 4 applies as if the relevant plan of survey were the first new plan of survey for the land.
s 74 ins 2010 No. 12 s 215
(sec.74-ssec.1) This section applies if— the registration of a plan of survey of land (the relevant plan of survey ) was approved under the Land Act 1994 , section 431ND or 431NE or the Land Title Act 1994 , section 191D or 191E before the repeal of those provisions; and the relevant plan of survey— was registered before the commencement of this section; or is registered after the commencement of this section.
(sec.74-ssec.2) Subsections (3) to (5) apply to the land— if subsection (1) (b) (i) applies—from the commencement of this section; or if subsection (1) (b) (ii) applies—from the registration of the relevant plan of survey.
(sec.74-ssec.3) The tidal boundary of the land is, at law, the natural feature or anything else represented on the plan of survey.
(sec.74-ssec.4) To decide where the tidal boundary is located at any time after the commencement of this section or the registration of the relevant plan of survey, there must be taken into account the application of the ambulatory boundary principles to a natural feature represented on the relevant plan of survey.
(sec.74-ssec.5) Subdivisions 2 and 3 do not apply to the location at law of the tidal boundary of the land, but subdivision 4 applies as if the relevant plan of survey were the first new plan of survey for the land.
- (a) the registration of a plan of survey of land (the relevant plan of survey ) was approved under the Land Act 1994 , section 431ND or 431NE or the Land Title Act 1994 , section 191D or 191E before the repeal of those provisions; and
- (b) the relevant plan of survey— (i) was registered before the commencement of this section; or (ii) is registered after the commencement of this section.
- (i) was registered before the commencement of this section; or
- (ii) is registered after the commencement of this section.
- (i) was registered before the commencement of this section; or
- (ii) is registered after the commencement of this section.
- (a) if subsection (1) (b) (i) applies—from the commencement of this section; or
- (b) if subsection (1) (b) (ii) applies—from the registration of the relevant plan of survey.