Queensland Consolidated Acts Queensland Consolidated Acts(1) Each of the following persons may apply to the registrar, in the approved form, for exemption from all or any of the provisions of this part in relation to land that is to be subdivided into not more than 5 allotments—
(a) a person by or for whom the land is to be subdivided;
(b) a vendor or purchaser of a proposed allotment.
(1A) However, a purchaser may apply for exemption only with the vendor's consent.
(2) Subject to subsection (2B), the registrar must, within 15 days of receipt of the application—
(a) grant the application by instrument of exemption; or
(b) refuse it by written notice to the applicant.
(2A) If the registrar grants the application—
(a) the registrar may grant it subject to any other condition specified in the instrument; and
(b) the registrar must specify in the instrument the provisions of this part in relation to which the exemption is granted.
(2B) If the application is defective in a way that hampers the registrar's consideration of the application, the registrar may seek further information from the applicant to cure the defect.
(2C) An exemption under this section is given on the condition that the land is subdivided in accordance with the application, subject to any other condition specified in the exemption instrument.
(3) The registrar, by written notice, may—
(a) revoke an exemption given under this section if the conditions to which it is subject are not complied with; and
(b) change a condition specified in the exemption instrument.
(3A) Notice in writing of a revocation or variation shall be given to the person to whose land the exemption related.
(4) While an exemption granted under subsection (2) subsists such of the provisions of this part as are specified in the instrument of exemption shall not apply in relation to the sale or purchase of 1 or more than 1 of the proposed allotments in respect of which it was granted.
(5) Where a person has contravened or failed to comply with a condition to which an exemption under subsection (2) is subject, the Supreme Court may, on application of a purchaser of a proposed allotment in respect of which the exemption was granted, order the person to comply with the condition.
(6) Notwithstanding the provisions of section 8, a person may agree to sell a proposed allotment that is land in respect of which a person is eligible to make an application for exemption under subsection (1) if the instrument that binds a person to purchase the proposed allotment is conditional upon the grant under subsection (2) of an exemption from section 8 or from that section and any other provision of this part.
(7) In a case to which subsection (6) applies application for the exemption shall be made within 30 days after the event that marks the entry of a purchaser upon the purchase of the proposed allotment.
(8) Where application for exemption for the purposes of subsection (6) is not received by the registrar within the time prescribed by subsection (7) the instrument in question referred to in subsection (6) is void and any person who has paid money thereunder shall be entitled to recover the amount thereof, together with the amount of interest (if any) that has accrued in respect of the money since it was so paid, by action as for a debt due and owing to the person by the person to whom the money was paid.