Canals Act Amendment Act 1987 (Qld)

176 (1 ueen s 1au tUNDe'O ANNO TRICESIMO SEXTO ELIZABETHAE SECUNDAE REGINAE T. 20 of 1987 An Act to amend the CanalsAct 1958-1984 in certain particulars [ASSENTED TO 23RD APRIL, 1987]

Canals Act Amendment Act 1987, No. 20 177 BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. Short title and citation . (1) This Act may be cited as the Canals Act Amendment Act 1987. (2) In this Act the Canals Act 1958-1984 is referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the Canals Act 1958-1987. 2. Amendment of s. 8. When dealings with land in subdivision which provides for a canal prohibited . Section 8 of the Principal Act is amended by omitting from subsection (2) the words "notice in respect of that canal specified in subsection one of this section." and substituting the words "Order in Council specified in section 7 (3) in respect of that canal.". 3. New s. 8A. The Principal Act is amended by inserting after section 8 the following section:- "8A. Continued application of Parts II , III and IV of LandSalesAct. (1) Notwithstanding the provisions of the Land SalesAct 1984-1985 for the purposes of the application of Parts II and IV of the Land Sales Act 1984-1985 in respect of relevant land (within the meaning of that Act) which is comprised of land within a subdivision of land which provides for a canal, that land shall, notwithstanding the registration of the plan of subdivision and any issue of a separate instrument of title, continue to be relevant land until the, publication of the notification in the Gazette referred to in section 8 (1) in respect of that canal. (2) (a) For the purposes of this subsection the word "plan" shall have the same meaning as in the Land Sales Act 1984- 1985. (b) Notwithstanding the provisions of the Land Sales Act1984-1985 for the purpose of the application of Parts III and IV of the Land Sales Act 1984-1985 in respect of a proposed lot (within the meaning of that Act) which' is a proposed lot within a subdivision of land which provides for a canal, that proposed lot shall, notwithstanding' the registration of the plan and any issue of a separate instrument of title, continue to be a proposed lot until the publication of the notification in the Gazette referred to in section 8 (1) in respect of that canal.". 4. Amendment of s. 9. Subdivision of land which provides for canal. Section 9 of the Principal Act is amended in paragraph (f) by inserting after the words "in his office" where they firstly occur the words "and the notification referred to in section 8 (1) in respect of that canal is published in the Gazette ".

178 Canals Act Amendment Act 1987, No. 20 5. Repeal of s. 19. When artificial channel or lake to be a canal. The Principal Act is amended by repealing section 19.