The obligation under s 33(1) of the Integrated Resort Development Act 1987 (Qld) to transfer land to the primary thoroughfare body corporate requires at least some indication on the registered plan itself that the lot is primary thoroughfare; comparison with the scheme plan is insufficient. Where the initial plan of subdivision failed to designate land as primary thoroughfare in contravention of the Act, that failure cannot be remedied by judicial construction of s 33. The question whether statutory indefeasibility under s 184 of the Land Title Act 1994 would protect a bona fide purchaser of such land was left open.
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