Queensland Consolidated Acts

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LAND SALES ACT 1984 - SECT 6

6 Definitions

In this Act—

agreement means—

(a) a written contract of sale, or another instrument, under which a sale or purchase is entered upon; or
(b) an oral contract of sale under which a sale or purchase is entered upon that is enforceable because of—
(i) a memorandum or note satisfying the Property Law Act 1974, section 59; or
(ii) the common law doctrine of part performance.

allotment means a single parcel of land, other than a lot within the meaning of this Act, the boundaries of which are shown on a plan of survey registered under the Land Act 1994 or Land Title Act 1994.

approved form see section 35A.

authority see the ULDA Act, schedule.

building units plan means a building units plan within the meaning of the Building Units and Group Titles Act 1980.

cadastral surveyor means a cadastral surveyor within the meaning of the Surveyors Act 2003.

compliance permit see the Planning Act, section 394.

development permit see the Planning Act, section 243.

disclosure plan means a plan given, or to be given, to a purchaser of a proposed allotment under section 9.

disclosure statement means a statement given, or to be given, to a purchaser of a proposed allotment under section 9.

group titles plan means a group titles plan within the meaning of the Building Units and Group Titles Act 1980.

leasehold building units plan means a leasehold building units plan within the meaning of the South Bank Corporation Act 1989.

lot includes a registered lot and a proposed lot.

operational work see the Planning Act, section 10(1).

plan includes a building units plan, a group titles plan and a leasehold building units plan.

Planning Act means the Sustainable Planning Act 2009.

proposed allotment means a single parcel of land, other than a lot within the meaning of this Act, the boundaries of which are shown, or to be shown, on a plan of survey that is to be registered under the Land Act 1994 or Land Title Act 1994.

proposed lot means that which will become a registered lot upon—

(a) registration of a plan; or
(b) registration of a plan and recording of a community management statement for a community titles scheme under the Body Corporate and Community Management Act 1997.

purchase includes—

(a) agree to purchase;
(b) acquire an option to purchase;
(c) enter upon a transaction that has as its object the acquisition of a right (not immediately exercisable) to purchase or to be given an option to purchase;
(d) sign an instrument that is intended to legally bind a signatory to purchase;
(e) enter upon a transaction or sign an instrument with a view to any person securing or attempting to secure another's agreement to sell.

real estate agent means a person licensed under the Property Agents and Motor Dealers Act 2000 as a real estate agent.

reconfiguring a lot see the Planning Act, section 10(1).

registered lot means a lot shown on a plan registered under the Building Units and Group Titles Act 1980 or South Bank Corporation Act 1989, or a lot included in a community titles scheme under the Body Corporate and Community Management Act 1997.

registrable instrument of transfer means—

(a) in respect of land that was a proposed allotment of freehold land at the time when a person entered upon the purchase thereof—a memorandum of transfer of the land in favour of that purchaser capable of immediate registration (subject to its being properly stamped under the Duties Act 2001) in the land registry; or
(b) in respect of land that was a proposed allotment of State leasehold land at the time when a person entered upon the purchase thereof—an instrument of transfer of the land in favour of that purchaser capable of immediate registration or noting (subject to its being properly stamped under the Duties Act 2001) in the land registry; or
(c) in respect of a lot that was a proposed lot at the time when a person entered upon the purchase thereof—a memorandum of transfer of the lot in favour of that purchaser capable of immediate registration (subject to its being properly stamped under the Duties Act 2001) in the land registry.

registrar means the chief executive of the department.

sell includes—

(a) agree to sell; and
(b) grant an option to purchase; and
(c) enter upon a transaction that has as its object the grant of a right (not immediately exercisable) to purchase or to be given an option to purchase; and
(d) procure a person to enter upon a purchase.

State leasehold land means land leased under the Land Act 1994 or a miners homestead under the Land Act 1994.

Editor's note—
The Land Act 1994, section 495 defines a miners homestead as meaning any of the following held under the Miners' Homestead Leases Act 1913—
(a) miner's homestead lease;
(b) miner's homestead perpetual lease;
(c) business area;
(d) market garden area;
(e) residence area;
and, to remove any doubt, it is declared that it includes a special perpetual mining purposes lease issued under the Commonwealth Aluminium Corporation Pty. Limited Agreement Act 1957, the Alcan Queensland Pty. Limited Agreement Act 1965 or the Aurukun Associates Agreement Act 1975.

UDA development approval see the ULDA Act, schedule.

UDA development condition see the ULDA Act, section 55(4)(b).

ULDA Act means the Urban Land Development Authority Act 2007.

vendor's agent means a person who procures another to purchase, other than—

(a) a vendor under a contract for sale of a proposed allotment or of a proposed lot; and
(b) a person who, if a contract for sale of a proposed allotment or of a proposed lot (the subject of the purchase) were made, would be a vendor thereunder; and
(c) a person who in the matter of the purchase in question acts only as agent for a purchaser.


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