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LAND TITLE ACT 1994 - SECT 51
Dedication of public use land in plan
51 Dedication of public use land in plan
(1) The dedication of a lot to public use in a plan of subdivision must be of
the registered proprietor’s whole interest in the lot.
(2) On registration
of the plan, without anything further— (a) if the dedication is for a
road—the road is opened for the Land Act 1994 ; or
(b) if the dedication is
for a non-tidal watercourse or a lake—the plan is taken to be the source
material for the land for the Survey and Mapping Infrastructure Act 2003 ,
section 99 ; or Note— The Survey and Mapping Infrastructure Act 2003 ,
section 99 defines when a boundary of land is a non-tidal boundary
(watercourse) or non-tidal boundary (lake). See the Land Act 1994 , section
13A for provisions about the ownership of land on the watercourse side or lake
side of one of these boundaries.
(c) if the dedication is of a lot for a
purpose mentioned in the Land Act 1994 , section 31 (1) and the Minister
administering that Act consents to the plan—the lot is dedicated as a
reserve for the purpose; or
(d) otherwise—the lot becomes unallocated State
land under the Land Act 1994 .
(3) Subsection (4) applies to an easement over
a lot if— (a) the easement is an easement for providing access or a right of
way, including a public thoroughfare easement; and
(b) the lot or a part of
the lot is dedicated for a road under subsection (2) .
(4) The easement is
extinguished to the extent it is over the lot or the part of the lot dedicated
for the road.
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