QLDIn ForceAct
Survey and Mapping Infrastructure Act 2003
sec.98Noting of advice about operation of sdiv 3 or div 5
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### sec.98 Noting of advice about operation of sdiv 3 or div 5
The registrar of titles may keep records in a way that a search of the appropriate register kept by the registrar will show any case where—
subdivision 3 would, or is likely to, have the effect of locating a non-tidal boundary (watercourse) in a different place, or in a different form, from its location or form as provided for under subdivision 2 ; or
Land could be the subject of a record for paragraph (a) if its old plan of survey adopts the line of intersection of a particular level of water flow with land but, on the registration of its first new plan of survey, its non-tidal boundary (watercourse) will be a different feature (for example, a scour mark).
a multiple lot declaration (non-tidal) has been made and the declaration would, or is likely to, have the effect of locating a non-tidal boundary (watercourse) in a different place, or in a different form, from its location or form as provided for under this division.
Land could be the subject of a record for paragraph (b) if it and other land are the subject of a multiple lot declaration (non-tidal), so that on the registration of the next new plan of survey for the land, the non-tidal boundary (watercourse) will be in accordance with the boundary provided for in the declaration.
Neither the registrar or titles nor anyone else, including the State, has an obligation of any type, arising under this Act or otherwise, to take any action subsection (1) allows.
No fee is payable for the recording of anything under subsection (1) .
s 98 ins 2010 No. 12 s 215
amd 2021 No. 12 s 148 sch 3
(sec.98-ssec.1) The registrar of titles may keep records in a way that a search of the appropriate register kept by the registrar will show any case where— subdivision 3 would, or is likely to, have the effect of locating a non-tidal boundary (watercourse) in a different place, or in a different form, from its location or form as provided for under subdivision 2 ; or Land could be the subject of a record for paragraph (a) if its old plan of survey adopts the line of intersection of a particular level of water flow with land but, on the registration of its first new plan of survey, its non-tidal boundary (watercourse) will be a different feature (for example, a scour mark). a multiple lot declaration (non-tidal) has been made and the declaration would, or is likely to, have the effect of locating a non-tidal boundary (watercourse) in a different place, or in a different form, from its location or form as provided for under this division. Land could be the subject of a record for paragraph (b) if it and other land are the subject of a multiple lot declaration (non-tidal), so that on the registration of the next new plan of survey for the land, the non-tidal boundary (watercourse) will be in accordance with the boundary provided for in the declaration.
(sec.98-ssec.2) Neither the registrar or titles nor anyone else, including the State, has an obligation of any type, arising under this Act or otherwise, to take any action subsection (1) allows.
(sec.98-ssec.3) No fee is payable for the recording of anything under subsection (1) .
- (a) subdivision 3 would, or is likely to, have the effect of locating a non-tidal boundary (watercourse) in a different place, or in a different form, from its location or form as provided for under subdivision 2 ; or Example of possible record for paragraph (a) — Land could be the subject of a record for paragraph (a) if its old plan of survey adopts the line of intersection of a particular level of water flow with land but, on the registration of its first new plan of survey, its non-tidal boundary (watercourse) will be a different feature (for example, a scour mark).
- (b) a multiple lot declaration (non-tidal) has been made and the declaration would, or is likely to, have the effect of locating a non-tidal boundary (watercourse) in a different place, or in a different form, from its location or form as provided for under this division. Example of possible record for paragraph (b) — Land could be the subject of a record for paragraph (b) if it and other land are the subject of a multiple lot declaration (non-tidal), so that on the registration of the next new plan of survey for the land, the non-tidal boundary (watercourse) will be in accordance with the boundary provided for in the declaration.