Queensland Consolidated Acts

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TRANSPORT INFRASTRUCTURE ACT 1994 - SECT 84CA

84CA Effect of additional State toll road corridor land declaration on leases

(1) This section applies if the Minister makes an additional State toll road corridor land declaration.

(2) For applying section 84C to the additional State toll road corridor land, the following apply—

(a) despite section 84C(4)—
(i) the Minister administering the Land Act 1994 is taken to have amended the lease of the original State toll road corridor land (the amended perpetual lease) under the Land Act 1994, section 360A, to include the additional State toll road corridor land; and
(ii) the chief executive must lodge with the registrar of titles the documents that the registrar considers necessary to evidence the amended perpetual lease in the leasehold land register;
(b) a reference in section 84C(5) to the lease is taken to be a reference to the amended perpetual lease;
(c) a reference in section 84C(5)(c) to the State toll road corridor land includes a reference to the additional State toll road corridor land;
(d) despite section 84C(5)(d), the terms that apply to the amended perpetual lease are the terms mentioned in section 84A(6B)(b);
(e) without limiting section 84C(6) or (6A), the additional State toll road corridor land may be added to a lease under the subsection of the original State toll road corridor land.

(3) If the additional State toll road corridor land is to be added to a sublease—

(a) the sublease is taken to be amended (the amended sublease) to include the additional State toll road corridor land; and
(b) a reference in section 84C(8)(b) to the State toll road corridor land includes a reference to the additional State toll road corridor land.

(4) If the additional State toll road corridor land is to be added to a sub-sublease, the sub-sublease is taken to be amended (the amended sub-sublease) to include the additional State toll road corridor land.

(5) Also, if subsection (3) or (4) applies, the following apply—

(a) the Land Act 1994, section 336(3) and (4) do not apply to an amendment of the sublease or sub-sublease to include the additional State toll road corridor land;
(b) the chief executive must lodge with the registrar of titles the documents the registrar considers necessary to evidence the amended sublease or amended sub-sublease in the leasehold land register;
(c) the amended sublease or amended sub-sublease operates as if it had been originally issued or executed as amended.

(6) For subsections (2)(a)(ii) and (5)(b), no fee is payable for lodging the documents.

(7) In this section—

sublease means a lease of original State toll road corridor land under section 84C(6).

sub-sublease means a lease of original State toll road corridor land under section 84C(6A).



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