QLDIn ForceAct
Transport Planning and Coordination Act 1994
sec.28AGContinuation of transport easement for support
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### sec.28AG Continuation of transport easement for support
A transport easement for support continues over affected land.
Affected land is land that is benefited, or burdened, by a transport easement for support and—
is dealt with under the Land Act 1994 or Land Title Act 1994 ; or
becomes unallocated State land.
The owner of the affected land is taken to be the successor in title of the original owner of the land.
The benefit of a transport easement for support passes with the benefited land.
The burden of a transport easement for support passes with the burdened land.
This section applies to affected land that becomes unallocated State land despite the following—
section 28AC (2) (b) ;
the Land Act 1994 , section 372 ;
the Land Title Act 1994 , section 85 (3) .
In this section—
dealt with means—
for land under the Land Act 1994 —
granted in fee simple or in fee simple in trust; or
leased; or
dedicated as a reserve under an Act; or
surrendered as a lease; or
for land under the Land Title Act 1994 —reconfigured under that Act.
s 28AG ins 2014 No. 43 s 113
(sec.28AG-ssec.1) A transport easement for support continues over affected land.
(sec.28AG-ssec.2) Affected land is land that is benefited, or burdened, by a transport easement for support and— is dealt with under the Land Act 1994 or Land Title Act 1994 ; or becomes unallocated State land.
(sec.28AG-ssec.3) The owner of the affected land is taken to be the successor in title of the original owner of the land.
(sec.28AG-ssec.4) The benefit of a transport easement for support passes with the benefited land.
(sec.28AG-ssec.5) The burden of a transport easement for support passes with the burdened land.
(sec.28AG-ssec.6) This section applies to affected land that becomes unallocated State land despite the following— section 28AC (2) (b) ; the Land Act 1994 , section 372 ; the Land Title Act 1994 , section 85 (3) .
(sec.28AG-ssec.7) In this section— dealt with means— for land under the Land Act 1994 — granted in fee simple or in fee simple in trust; or leased; or dedicated as a reserve under an Act; or surrendered as a lease; or for land under the Land Title Act 1994 —reconfigured under that Act.
- (a) is dealt with under the Land Act 1994 or Land Title Act 1994 ; or
- (b) becomes unallocated State land.
- (a) section 28AC (2) (b) ;
- (b) the Land Act 1994 , section 372 ;
- (c) the Land Title Act 1994 , section 85 (3) .
- (a) for land under the Land Act 1994 — (i) granted in fee simple or in fee simple in trust; or (ii) leased; or (iii) dedicated as a reserve under an Act; or (iv) surrendered as a lease; or
- (i) granted in fee simple or in fee simple in trust; or
- (ii) leased; or
- (iii) dedicated as a reserve under an Act; or
- (iv) surrendered as a lease; or
- (b) for land under the Land Title Act 1994 —reconfigured under that Act.
- (i) granted in fee simple or in fee simple in trust; or
- (ii) leased; or
- (iii) dedicated as a reserve under an Act; or
- (iv) surrendered as a lease; or