Glasgow v Hall

[2007] QCA 19

Queensland Court of Appeal

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For Australian Law.

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Interrogate

Catchwords

1. Real Property
2. › General Principles
3. › Incidents of Estates and Interests in Land
4. › Estates in Fee Simple
5. › Whether grant of estate in fee simple precludes State legislative power over use or management of land
1. Environment and Planning
2. › Vegetation Management
3. › Land Clearing
4. › Assessable development on freehold land without permit
5. › Whether definition of freehold land includes estates in fee simple
6. › Integrated Planning Act 1997 (Qld), s 4.3.1(1)
7. › Vegetation Management Act 1999 (Qld)
1. Appeal
2. › Extension of time
3. › Application for extension of time to apply for leave to appeal
4. › Whether proposed grounds have any prospect of success

Quick Take

An estate in fee simple does not preclude the State from legislating with respect to the use or management of freehold land, including vegetation clearing controls under the Integrated Planning Act 1997 (Qld). The definition of 'freehold land' in the relevant legislation is not exhaustive and includes estates in fee simple.