Land Act 1994

An Act to consolidate and amend the law relating to the administration and management of non-freehold land and deeds of grant in trust and the creation of freehold land, and for related purposes

1Short title

This Act may be cited as the Land Act 1994 .

3Dictionary

The dictionary in schedule 6 defines particular words used in this Act.

4Object of this Act

In the administration of this Act, land to which this Act applies must be managed for the benefit of the people of Queensland by having regard to the following principles— Sustainability

•sustainable resource use and development to ensure existing needs are met and the State’s resources are conserved for the benefit of future generations

Evaluation

•land evaluation based on the appraisal of land capability and the consideration and balancing of the different economic, environmental, cultural and social opportunities and values of the land

Development

•allocating land for development in the context of the State’s planning framework, and applying contemporary best practice in design and land management

•when land is made available, allocation to persons who will facilitate its most appropriate use that supports the economic, social and physical wellbeing of the people of Queensland

Community purpose

•if land is needed for community purposes, the retention of the land for the community in a way that protects and facilitates the community purpose

Protection

•protection of environmentally and culturally valuable and sensitive areas and features

Consultation

•consultation with community groups, industry associations and authorities is an important part of the decision-making process

Administration

•consistent and impartial dealings

•efficient, open and accountable administration

•a market approach in land dealings, adjusted when appropriate for community benefits arising from the dealing.

5Land to which Act applies

(1)This Act applies to all land, including land that is, whether permanently or from time to time, covered by water subject to tidal influence.

Note—

Although this Act generally applies to non-freehold land, most freehold land contains a reservation to the State for minerals. To that extent, this Act applies to all land.

(2)Layers and strata above and below the surface of land may be dealt with under this Act.

Note—

However, see section 14 (3).

s 5 amd 2004 No. 4 s 7

sub 2010 No. 12 s 156

6Act binds all persons

This Act binds all persons, including the State and, as far as the legislative power of the Parliament permits, the Commonwealth and the other States.

7Relationship with Native Title Act

This Act does not affect the operation of the Native Title (Queensland) Act 1993 .

pt 4 hdg sub 2010 No. 12 s 157

div 1 hdg ins 2010 No. 12 s 157

8Definitions for pt 4

In this part—

ambulatory boundary principles...

def ambulatory boundary principles ins 2010 No. 12 s 158 (2)

om 2013 No. 23 s 352 sch 1 pt 1

lake ...

def lake ins 2010 No. 12 s 158 (2)

om 2013 No. 23 s 43

navigable river ...

def navigable river om 2010 No. 12 s 158 (1)

non-tidal boundary (lake) has the same meaning as in the Survey and Mapping Infrastructure Act 2003 , part 7.

def non-tidal boundary (lake) ins 2010 No. 12 s 158 (2)

non-tidal boundary (watercourse) has the same meaning as in the Survey and Mapping Infrastructure Act 2003 , part 7.

def non-tidal boundary (watercourse) ins 2010 No. 12 s 158 (2)

right line boundary has the same meaning as in the Survey and Mapping Infrastructure Act 2003 , part 7.

def right line boundary ins 2010 No. 12 s 158 (2)

right line tidal boundary, of land, means a right line boundary of the land that is located approximately where a tidal boundary might otherwise be located.

Example—

The boundaries of a lot include a tidal boundary. Because of difficulties arising in relation to the location at law of the tidal boundary, or for some other reason, the registered owner of the lot agrees to surrender the lot to the State. The lot is resurveyed, and a new deed of grant is issued for the lot, but without the tidal boundary. The deed of grant and associated plan of survey now provide for a right line boundary in a location that is the approximate location of the previous tidal boundary.

def right line tidal boundary ins 2010 No. 12 s 158 (2)

ship ...

def ship om 2010 No. 12 s 158 (1)

tidal boundary has the same meaning as in the Survey and Mapping Infrastructure Act 2003 , part 7.

def tidal boundary ins 2010 No. 12 s 158 (2)

tidal navigable river ...

def tidal navigable river om 2010 No. 12 s 158 (1)

tidal water means any part of the sea or of a port, or of a watercourse, lagoon, swamp or other place where water may be found, ordinarily within the ebb and flow of the tide at spring tides.

def tidal water amd 2010 No. 12 s 158 (3)

watercourse ...

def watercourse ins 2010 No. 12 s 158 (2)

om 2013 No. 23 s 43

s 8 amd 2007 No. 19 s 11

div 2 hdg ins 2010 No. 12 s 159

9Land adjacent to tidal boundary or right line tidal boundary owned by State

(1)If land has a boundary that is a tidal boundary or right line tidal boundary, other land that is on the same side of the boundary as the water subject to tidal influence—

(a)is the property of the State; and

(b)may be dealt with as unallocated State land.

(2) Subsection (1) does not apply to land if it is inundated land or a registered interest in the land is held by someone else.

(3) Subsections (1) and (2) apply even if a person owns land having tidal boundaries or right line tidal boundaries on both sides of water subject to tidal influence.

Example—

A person owns land that has as its northern boundary a tidal boundary that is located on the southern edge of a river. The same person also owns land in the same locality that has as its southern boundary a tidal boundary located on the northern edge of the same river. The ownership of land on both sides of the river does not in these circumstances confer on the person ownership of the river itself.

(4)To remove any doubt, it is declared that, before the commencement of this section, if a boundary of land (the relevant land) was formed by high-water mark—

(a)other land that adjoined the boundary and was below high-water mark was, and always was, the property of the State, unless it was inundated land or a registered interest in the land was held by someone else; and

(b)if the line of the high-water mark shifted over time by gradual and imperceptible degrees, the shift was a shift in the boundary of the relevant land.

(5)An act before the commencement of this section to occupy, use, build works or remove material or product, with or without lawful authority, could never divest the State of its ownership of land below high-water mark.

(6)An act after the commencement of this section to occupy, use, build works or remove material or product, with or without lawful authority, can not divest the State of its ownership of land that is on the same side of a boundary that is a tidal boundary or right line tidal boundary as the water subject to tidal influence.

s 9 sub 2010 No. 12 s 159

10Land raised above high-water mark by works

(1)Land in the ownership of the State that becomes raised above high-water mark as a result of the carrying out of works on or in proximity to the land remains owned by the State and may be dealt with as unallocated State land.

(2)This section does not apply to land the subject of reclamation mentioned in section 127.

s 10 sub 2010 No. 12 s 159

11Local government for new land

(1)Land that becomes raised above high-water mark is land within the local government area of land adjoining the raised land.

(2)If the raised land adjoins land in more than 1 local government area, the Minister must decide the local government for the land.

12Inundated land

(1)If inundated land adjoins the limits of a port, the land forms part of the port for an Act applying to tidal water in the port.

(2)If inundated land is outside the limits of a port, the land forms part of the tidal water for an Act applying to tidal water.

(3)The registered owner of inundated land may suitably indicate where the boundaries of the land are across the surface of the water.

(4)If the registered owner of inundated land has suitably indicated where the boundaries of the land are, the registered owner may regulate or prohibit the use or movement of ships in or over the water above the inundated land.

(5)To remove any doubt, it is declared that an interest in freehold land immediately before the land becomes inundated land is not affected by the inundation and neither the State nor a port authority, port lessor, port lessee or port manager is authorised to deal with or give an interest in the land unless the State, port authority, port lessor, port lessee or port manager is the registered owner of the land.

(6)In this section—

registered owner of inundated land includes a lessee of the land.

s 12 amd 2010 No. 19 s 46

13Power to deal with land seaward of tidal boundary or right line tidal boundary

(1)Land that is on the seaward side of a tidal boundary or right line tidal boundary, other than inundated land, may be leased, granted, occupied, sold or transferred only under the authority of an Act.

(2) Subsection (1) does not stop land that is on the seaward side of a tidal boundary or right line tidal boundary from being granted in fee simple if it is the subject of reclamation mentioned in section 127.

s 13 amd 2010 No. 12 s 160

div 3 hdg ins 2010 No. 12 s 161

13ALand adjacent to non-tidal boundary (watercourse) or non-tidal boundary (lake) owned by State

(1)If land has a non-tidal boundary (watercourse), other land that adjoins the boundary and is on the watercourse side of the boundary is the property of the State.

(2)If land has a non-tidal boundary (lake), other land that adjoins the boundary and is on the lake side of the boundary is the property of the State.

(3) Subsections (1) and (2) apply despite the alienation of land by the State.

(4)A person (the owner) who may take water under the Water Act 2000 , section 20(3)—

(a)may exercise a right of access for the owner, the owner’s family, executive officers, employees, agents and stock over the part (the adjacent area) of the watercourse or lake that is the property of the State and that adjoins the owner’s land; and

(b)may exercise a right of grazing for the person’s stock over the adjacent area; and

(c)may bring action against a person who trespasses on the adjacent area as if the owner were the registered owner of the adjacent area.

(5)If the adjacent area is being used by the State for a purpose under the Water Act 2000 —

(a) subsection (4) (a) and (b) applies only to the extent exercising the right does not interfere with the State’s use of the adjacent area; and

(b) subsection (4) (c) does not allow the owner to bring an action against a person acting on behalf of the State.

Note—

This section effectively replaces the Water Act 2000 , section 21 (Beds and banks forming boundaries of land are State property), which was repealed by the Natural Resources and Other Legislation Amendment Act 2010 . However, that Act inserted a transitional provision into the Water Act 2000 to provide that the repealed section 21 continues to apply for all matters arising before its repeal.

s 13A ins 2010 No. 12 s 161

13BPower to declare and deal with former watercourse land

(1)A person (the applicant) who is the owner of land (the relevant land) having a non-tidal boundary (watercourse) may apply to the chief executive (water) to have land (the watercourse land) adjoining the relevant land’s non-tidal boundary (watercourse) declared to be former watercourse land if—

(a)no person holds a registered interest in the watercourse land; and

(b)the physical location of the boundary’s associated watercourse has been the subject of change, whether before or after the commencement of this section; and

(c)on an application of the ambulatory boundary principles, the location at law of the non-tidal boundary (watercourse) has not changed correspondingly; and

(d)the watercourse land has effectively ceased to be part of a functioning watercourse.

(2)However, before applying, the person must give notice of the person’s intention to make the application to the owners of any land that adjoins the watercourse land.

(3)The chief executive (water) may by gazette notice declare the watercourse land to be former watercourse land.

(4)However, the chief executive (water) may make the declaration only if satisfied that—

(a)the matters stated in subsection (1) (a) to (d) are true; and

(b)taking a long-term perspective, there is negligible likelihood that the watercourse land will again become part of a functioning watercourse.

(5)In making the application, the applicant must give the chief executive (water) enough evidence to satisfy the chief executive (water) that the watercourse land has effectively ceased to be part of a functioning watercourse.

Examples of evidence—

photographs, survey material identifying topographical changes and authoritative information about flow history

(6)The applicant may appeal against the refusal of the application, and a person entitled to be given notice of the proposed application under subsection (2) may appeal against the granting of the application.

(7)When the watercourse land becomes former watercourse land, it does not become unallocated State land, but it may be dealt with under this Act as if it were unallocated State land.

(8)Despite subsection (7), the granting of an estate in fee simple, a lease or a permit to occupy for the purpose of dealing with the former watercourse land under that subsection is not subject to any public auction, tender or ballot requirements under chapter 4, part 1, division 1.

(9)To remove any doubt, it is declared that the former watercourse land declaration may incorporate by reference a map or plan held by the chief executive under this Act for identifying the boundaries of the former watercourse land.

(10)The chief executive (water) may delegate his or her powers under this section to an appropriately qualified public service officer or employee.

(11)In this section—

appropriately qualified, for a person to whom a power may be delegated, includes having the qualifications, experience or standing appropriate to exercise the power.

associated watercourse, of a non-tidal boundary (watercourse), means the watercourse on which the boundary is based.

chief executive (water) means the chief executive under the Water Act 2000 .

former watercourse land means the land the subject of a former watercourse land declaration.

former watercourse land declaration means a declaration under subsection (3).

owner, of land, means—

(a)if the land is freehold land—the registered owner of the land; or

(b)if the land is the subject of a lease—the lessee of the land; or

(c)if the land is a reserve—the trustee of the reserve; or

(d)if a person has occupation rights in relation to the land under a licence or permit—the licensee or permittee.

s 13B ins 2010 No. 12 s 161

amd 2013 No. 23 s 44; 2014 No. 45 s 60

14Governor in Council may grant land

(1)The Governor in Council may grant, in fee simple, unallocated State land, an operational reserve, rail land or approved land.

(2)The Governor in Council may also grant, in fee simple in trust, unallocated State land for use for a community purpose.

(3)A grant under subsection (1) or (2) may not be made for land that adjoins a tidal boundary or right line tidal boundary of other land.

(4)A grant of rail land under subsection (1) may be made only to the State.

(5) Subsection (3) does not stop land that is on the seaward side of a tidal boundary or right line tidal boundary from being granted in fee simple if it is the subject of a reclamation mentioned in section 127.

(6)A grant of approved land under subsection (1) may be made only to the person the subject of the application.

(7)In this section—

approved land means land the subject of an application approved by the chief executive under the Aboriginal Land Act 1991 , section 32C or the Torres Strait Islander Land Act 1991 , section 28C.

s 14 amd 1997 No. 28 s 295 sch 3; 2007 No. 19 s 12; 2010 No. 12 s 162; 2014 No. 45 s 32

15Leasing land

(1)The Governor in Council may issue a freeholding lease following an application to convert a lease made under section 166 (1).

(2)The Minister may—

(a)lease unallocated State land for either a term of years or in perpetuity; and

(b)lease land in a reserve for a term of years only.

(3)However, a lease in perpetuity of unallocated State land may be granted only if—

(a)under a provision of an Act, other than this Act, a perpetual lease must be issued over the unallocated State land; or

Example of a provision of an Act for paragraph (a)—

Transport Infrastructure Act 1994 , section 105J(4) and (5)

(b)under a provision of this Act, the Minister may issue a perpetual lease; or

Example of a provision of this Act for paragraph (b)—

section 17 (2)

(c)the Minister considers the lease is in the interests of the State.

(4)A lease for land that is on the same side of a boundary that is a tidal boundary or right line tidal boundary as the water subject to tidal influence may be granted only if—

(a)it will not unduly affect safe navigation and sound development of the State’s waterways and ports; and

(b)the impact on marine infrastructure has been considered; and

(c)it would not have a detrimental effect on coastal management; and

(d)it is consistent with the intent of any relevant State management plan.

(5)A lease for land that is on the same side of a boundary that is a tidal boundary or right line tidal boundary as the water subject to tidal influence is not an approval to reclaim the lease land.

s 15 amd 2007 No. 19 s 13; 2010 No. 12 ss 99, 163

16Deciding appropriate tenure

(1)Before land is allocated under this Act, the chief executive must evaluate the land to assess the most appropriate tenure and use for the land.

(2)The evaluation must take account of State, regional and local planning strategies and policies and the object of this Act.

(2A)Also, to the extent the land is in a priority development area, the evaluation must take account of, and give primary consideration to, any relevant development instrument under the Economic Development Act 2012 that applies to the land.

(3)For Cape York agreement land, the evaluation may also take account of commitments and undertakings—

(a)having effect in relation to tenure; and

(b)given by persons under, or arising from, a Cape York agreement.

(4) Subsection (3) applies for 10 years after it commences.

(5)This section does not apply to a grant of rail land in fee simple to the State.

(6)In this section—

Cape York agreement means—

(a)the Cape York Peninsula Land Use Heads of Agreement made on 5 February 1996; or

(b)the agreement made on 17 September 2001, headed ‘Deed of Endorsement Cape York Land Use Heads of Agreement’.

Cape York agreement land means unallocated State land to which a Cape York agreement applies.

s 16 amd 2005 No. 8 s 86; 2007 No. 41 s 231; 2007 No. 19 s 14; 2012 No. 43 s 221 sch 1

17Granting land to the State

(1)The Governor in Council may grant unallocated State land, an operational reserve or rail land in fee simple to the State.

(2)The Minister may lease unallocated State land to the State for either a term of years or in perpetuity.

s 17 amd 2007 No. 19 s 15

18Exchanging land

(1)The Governor in Council, by agreement with a registered owner, may grant unallocated State land in exchange for all or part of the freehold land.

Note—

A deed of grant issued because of an exchange of land is issued under section 358.

(2)The Governor in Council, by agreement with a lessee of a freeholding lease, may grant a freeholding lease over unallocated State land in exchange for all or part of the freeholding lease.

Note—

A freeholding lease amended because of an exchange of land is amended under section 360 (1) (f).

(3)The Minister, by agreement with a lessee of a term lease, other than a State lease, or a perpetual lease, may lease unallocated State land for a term of years or in perpetuity in exchange for all or part of the lease.

Note—

A term or perpetual lease amended because of an exchange of land is amended under section 360A (3) (c).

(4)A power under this section may be exercised only if the State’s equity in land would not be reduced.

(5)If a registered owner or lessee asks for an agreement to be made under this section, the request must be accompanied by the fee prescribed under a regulation.

s 18 amd 2007 No. 57 s 14

sub 2007 No. 19 s 16 (amd 2007 No. 57 s 17)

amd 2010 No. 12 s 100

18AGrant or lease of unallocated State land in consideration of surrender of native title interest

(1)This section applies if, under an ILUA, all native title in relation to an area is extinguished by surrender to the State.

(2)The designated person may grant or lease unallocated State land to a grantee entity.

(3)The unallocated State land being granted or leased need not be land the subject of a surrender under the ILUA.

(4)If there are 2 or more surrender areas, the grant or lease may be made to 2 or more grantee entities jointly.

(5)In this section—

Commonwealth Native Title Act means the Native Title Act 1993 (Cwlth).

designated person, until the commencement of the Land and Other Legislation Amendment Act 2007 , section 16, means the Governor in Council.

grantee entity means—

(a)if there is, under the Commonwealth Native Title Act, a registered native title body corporate for a surrender area—the registered native title body corporate for the surrender area; or

(b)for any other surrender area—

(i)a body corporate whose membership is restricted to persons in the surrender group; or

(ii)a person as trustee for a trust whose beneficiaries are restricted to persons in the surrender group.

ILUA means an indigenous land use agreement.

surrender area means—

(a)an area in relation to which native title is surrendered under the ILUA and in relation to which there is a registered native title body corporate; or

(b)an area in relation to which native title is surrendered under the ILUA on behalf of a surrender group.

surrender group means the persons identified in the ILUA as persons on whose behalf native title is surrendered.

s 18A ins 2007 No. 57 s 15

19Minister may buy land

The Minister, for the State, may buy land leased under this Act or freehold land.

20Dealing with mining interests, geothermal tenures or GHG authorities

(1)Even if there is a mining interest, geothermal tenure or GHG authority over unallocated State land, the land is still unallocated State land for dealing with it under this Act.

(2)However, the dealing can not affect—

(a)the rights of the holder of the mining interest, geothermal tenure or GHG authority or the successors of the holder; or

(b)an agreement made, or anything else done, under the Mineral Resources Act 1989 , the Petroleum Act 1923 , the Petroleum and Gas (Production and Safety) Act 2004 , the Geothermal Energy Act 2010 or the Greenhouse Gas Storage Act 2009 .

(3)In this section—

geothermal tenure means a geothermal tenure under the Geothermal Energy Act 2010 .

GHG authority means a GHG authority under the Greenhouse Gas Storage Act 2009 .

mining interest means a permit, claim, licence, lease or other authority held under the Mineral Resources Act 1989 , the Petroleum Act 1923 or the Petroleum and Gas (Production and Safety) Act 2004 .

s 20 amd 2004 No. 25 s 1000; 2009 No. 3 s 50; 2010 No. 31 s 585 sch 2 pt 4

21Reservation of minerals, petroleum etc.

Each deed of grant, deed of grant in trust or lease issued under this Act is subject to the reservations and conditions authorised or required under this or another Act.

Note—

The Mineral Resources Act 1989 , section 8, the Petroleum Act 1923 , section 10 and the Petroleum and Gas (Production and Safety) Act 2004 , section 27 provide that each grant and lease issued under this Act is subject to the reservation of the minerals and petroleum mentioned in the sections.

s 21 amd 2013 No. 23 s 352 sch 1 pt 1

22Reservation of quarry materials

(1)A deed of grant or deed of grant in trust issued for land containing quarry material owned by the State must contain a reservation of the quarry material, other than topsoil, to the State.

(2) Subsection (1) applies to a deed of grant or deed of grant in trust issued under section 358 only if the land being surrendered is already subject to the reservation mentioned in subsection (1).

Note—

Section 358 is about getting a new deed of grant because of a surrender.

s 22 amd 2013 No. 23 s 352 sch 1 pt 1

23Reservation for public purposes

(1)A deed of grant, deed of grant in trust or lease issued under this Act may be issued containing a reservation for a public purpose.

(2)Each reservation must be for a stated area, in size, but the grant or lease need not identify the particular land reserved.

s 23 amd 2007 No. 19 s 17; 2013 No. 23 s 352 sch 1 pt 1

23AFloating reservation on plan of subdivision

(1)A person seeking to have a plan of subdivision registered in relation to the land contained in a deed of grant, deed of grant in trust or lease may apply to the Minister for the allocation of a floating reservation to some or all of the lots created by the plan.

(2)In making a decision for subsection (1), the Minister must have regard to the purpose of the reservation, the likely future use of the land and where the reservation is most likely to be needed.

Example—

If the reservation is for road purposes, the Minister will have regard to where the road is most likely to be needed.

(3)If the reservation is contained in a deed of grant or freeholding lease, and the Minister is satisfied that all or part of the reservation is no longer needed, the reservation, to the extent it is no longer needed, may be dealt with under section 24.

(4)If the reservation is contained in a deed of grant in trust, or in a lease other than a freeholding lease, and the Minister is satisfied that all or part of the reservation is no longer needed, the reservation, to the extent it is no longer needed, may be dealt with under section 26A.

(5)Notice of the Minister’s decision for subsection (1) and the reasons for the decision must be given to the applicant.

(6)The applicant may appeal against the Minister’s decision.

s 23A ins 2007 No. 19 s 18

amd 2013 No. 23 ss 45, 352 sch 1 pt 1

24Disposal of reservations no longer needed

(1)If a reservation for a public purpose in a deed of grant or freeholding lease is no longer needed for the purpose, the Governor in Council may sell all or part of the land in the reservation to the registered owner of the deed of grant or the lessee of the lease.

Note—

A deed of grant issued because of the disposal of a reservation is issued under section 358.

(2)Alternatively, if the reservation is adequate in size to be used by a person other than the registered owner or lessee and the registered owner or lessee does not buy the land—

(a)possession of all or part of the land reserved may be resumed; and

(b)the land resumed may be dealt with as unallocated State land.

(3)Land in a reservation may be sold under subsection (1) only if the registered owner or lessee has applied to the Minister to buy the land, and the Minister is satisfied the reservation is no longer needed.

(4)In making a decision under subsection (3), the Minister must have regard to the purpose of the reservation and the likely future use of the land.

Example—

If the reservation is for road purposes, the Minister will have regard to whether the road is likely to be needed.

s 24 amd 2007 No. 19 s 19; 2013 No. 23 ss 46, 352 sch 1 pt 1

25Disposal of reservations by sale

(1)If land is sold under section 24 (1), the sale price for the land is the unimproved value of the land decided by the Minister in the way prescribed by regulation.

(2)The registered owner or lessee may appeal against the unimproved value.

(3)The unimproved value must be decided—

(a)if the registered owner or lessee applied to buy the land—for the day the application was received by the Minister; or

(b)if the Minister made an offer to sell the land before the registered owner or lessee applied to buy the land—for the day the offer was made.

s 25 amd 2007 No. 19 s 20; 2014 No. 29 s 23

26Minister may decide boundaries of reservations

(1)If the Governor in Council resumes possession of all or part of a reservation and the boundaries of the reservation are not stated in the lease, deed of grant or deed of grant in trust, the Minister may decide the boundaries of the reservation.

Note—

Resumptions are dealt with in chapter 5, part 3, division 3.

(2)In deciding the boundaries of the land being resumed, the Minister must consider the following matters unless the lessee, registered owner or trustee of the land otherwise agrees with the Minister—

(a)1 of the boundaries should adjoin, or be, an existing road;

(b)the lessee, registered owner or trustee should not be deprived of access to the land;

(c)the land to be resumed should be, as near as practicable, of the average qualities and capabilities of all the land in the lease, deed of grant or deed of grant in trust.

(3)Notice of the Minister’s decision on the boundaries and the reasons for the decision must be given to the lessee, registered owner or trustee.

(4)The lessee, registered owner or trustee may appeal against the Minister’s decision on the boundaries.

s 26 amd 2004 No. 4 s 8; 2013 No. 23 s 352 sch 1 pt 1

26ADisposal of redundant reservation

(1)If a reservation for a public purpose in a deed of grant in trust, a term lease or a perpetual lease is no longer needed for the purpose, the Minister may dispose of the reservation under this section.

(2)The Minister disposes of the reservation by approving the lodgement of a plan of subdivision that cancels the reservation and incorporates the land the subject of the reservation as land contained in the grant or lease.

(3)If the reservation is in a deed of grant in trust, the disposal must happen in conjunction with a surrender, under section 358 (1), of the land contained in the deed of grant in trust.

(4)If the reservation is in a term lease or perpetual lease and a rent and instalment regulation applies to it for the purposes of this section, its rent may be adjusted as provided for in the rent and instalment regulation in relation to any increase in the area of land in the lease.

(5)In this section—

reservation includes part of a reservation.

s 26A ins 2007 No. 19 s 21

amd 2014 No. 29 s 24

26BForest entitlement areas

(1)Subject to the terms of the reservation for a forest entitlement area, a lessee or registered owner may use and occupy the forest entitlement area.

(2)If the forest entitlement area is no longer needed by the State the lessee or registered owner may buy the forest entitlement area under sections 24 and 25.

Note—

Section 24 is about the disposal of reservations no longer needed and section 25 is about the disposal of reservations by sale.

(3)If the lessee or registered owner buys the forest entitlement area, the lessee or registered owner must also pay the value of the commercial timber on the forest entitlement area.

(4)When a payment, as a first instalment or in full, is made for the forest entitlement area and the value of the commercial timber—

(a)the reservation is discharged and the area ceases to be a forest entitlement area; and

(b)the commercial timber become the property of the person for whose benefit the reservation is discharged.

(5)If the lessee or registered owner does not want to buy the forest entitlement area, possession of the forest entitlement area may be resumed, subject to section 26C, under section 24.

Note—

Section 26C is about the effect of resumptions on forest entitlement areas.

(6)For subsection (3), the value of the commercial timber on a forest entitlement area is decided by the Minister in the way prescribed by regulation.

(7)The value of the commercial timber decided by the Minister must be its value on the day—

(a)if the lessee or registered owner applies to buy the forest entitlement area—the application was received by the Minister; or

(b)if the Minister made an offer to sell the forest entitlement area before the lessee or registered owner applied to buy the forest entitlement area—the offer was made.

(8)The lessee or registered owner may appeal against the value decided by the Minister for the commercial timber.

Note—

Under section 421 (Notice of right of appeal to be given), a person who has a right to appeal against a decision must be given notice of the person’s right to appeal.

(9)However, if the lessee or registered owner appeals against the value decided by the Minister under subsections (6) and (7), the value of the timber decided by the court must be the value of the timber on the day the appeal is decided.

(10) Subsection (9) has effect despite anything in chapter 7, part 3, division 3.

s 26B (prev s 175) amd 1995 No. 57 s 4 sch 1; 1997 No. 78 s 42; 2000 No. 26 s 12 sch 1; 2007 No. 19 s 85 (1)–(2)

reloc and renum 2007 No. 19 s 85 (3)

amd 2013 No. 23 s 352 sch 1 pt 1; 2014 No. 29 s 25

26CEffect of resumption of forest entitlement area

If a forest entitlement area is resumed under section 24, the reservation is discharged and compensation is payable only for—

(a)improvements existing on the forest entitlement area before the reservation was made; and

(b)if building of improvements on the forest entitlement area were authorised by the Minister and the authorisation has not specifically excluded the payment of compensation—the improvements authorised.

s 26C (prev s 176) amd 1995 No. 57 s 4 sch 1

reloc and renum 2007 No. 19 s 86

27Object

The object of this part is to emphasise that land administered under this Act must be dealt with in a way not inconsistent with the Native Title Act 1993 (Cwlth) and the Native Title (Queensland) Act 1993 .

28Interaction with native title legislation

(1)Any action taken under this Act must be taken in a way not inconsistent with the Native Title Act 1993 (Cwlth) and the Native Title (Queensland) Act 1993.

(2)To remove any doubt, it is declared that if native title exists over land, the land may still be dealt with under this Act.

(3)However, subsection (2) is subject to subsection (1).

Example—

The issue of a permit under this Act, with appropriate conditions, could be a low impact future act under the Native Title Act 1993 (Cwlth).

(4)In subsection (1)—

action includes any of the following—

(a)reserving land;

(b)dedicating land as a road;

(c)granting land;

(d)issuing a lease, permit or licence over unallocated State land, reserve, road, national park, regional park (general), State forest or timber reserve;

(e)including a reservation in a deed of grant, deed of grant in trust or lease;

(f)disposing of a reservation no longer needed;

(g)renewing or extending a lease;

(h)converting a lease to another form of tenure;

(i)including land in a lease or deed;

(j)approving a trustee lease or trustee permit;

(k)changing the purpose of a lease, licence, permit or reserve;

(m)actions above and below high-water mark and in layers or strata;

(n)offering or agreeing to carry out an action.

s 28 amd 2004 No. 1 s 44 (1) sch 1; 2013 No. 55 s 175 sch 1 pt 2; 2014 No. 29 s 26

29Taking into consideration Aboriginal tradition and Islander custom

(1)If land is entered under chapter 7, part 1, division 3, and the land is registered in the native title register or has been transferred or granted under the Aboriginal Land Act 1991 or the Torres Strait Islander Land Act 1991 , the entry must, to the extent possible, take Aboriginal traditions and Islander customs into consideration.

Note—

Chapter 7, part 1, division 3 deals with the power of an authorised person to enter and inspect land.

(2)In this section—

native title register means the National Native Title Register under the Native Title Act 1993 (Cwlth).

s 29 amd 1998 No. 30 s 21 sch; 2013 No. 23 s 352 sch 1 pt 1

30Object

The object of this part is to—

(a)enable unallocated State land to be dedicated as a reserve or granted in fee simple in trust for community purposes; and

(b)ensure that reserves and land granted in trust are properly and effectively managed—

(i)by persons (the trustees) who have some particular association or expertise with the reserve or land and its purpose or with the local community; and

(ii)in a way that is consistent with the purpose for which the reserve was dedicated or the land was granted in trust; and

(c)ensure that the community purpose for which the reserve was dedicated or the land was granted in trust is not diminished by granting inappropriate interests over the reserve or land granted in trust; and

(d)enable a deed of grant to be issued over an operational reserve.

s 30 amd 2007 No. 19 s 22

sdiv 1 hdg ins 2007 No. 19 s 23

31Dedication of reserve

(1)The Minister may dedicate unallocated State land as a reserve for 1 or more community purposes.

(2)However, the Minister may dedicate unallocated State land as a reserve for a community purpose that is the provision of services beneficial to Aboriginal people particularly concerned with land or Torres Strait Islanders particularly concerned with land only if the unallocated State land is transferable land.

(3)The Minister may dedicate land under this section without receiving an application under section 31C (1).

(4)Land is dedicated as a reserve by registering a dedication notice or plan of subdivision for the reserve.

(5)The dedication notice or plan of subdivision must state the community purpose for which the land is dedicated as a reserve.

(6)The dedication notice must also state the description of the land dedicated as a reserve.

(7)The dedication of a reserve takes effect on the day the dedication notice or plan of subdivision for the dedication of the reserve is registered.

s 31 sub 2007 No. 19 s 23

amd 2010 No. 39 s 311; 2013 No. 23 s 352 sch 1 pt 1

31AChanging boundaries of reserve

(1)The Minister may change the boundaries of a reserve other than a reserve dedicated for a community purpose mentioned in section 31 (2).

(2)The Minister may change the boundaries of a reserve under this section without receiving an application under section 31D (1).

(3)The boundaries of a reserve are changed by registering an adjustment notice or plan of subdivision.

(4)The adjustment notice must state—

(a)the reason for the change of the boundaries of the reserve; and

(b)the amended description of the land dedicated as the reserve.

(5)The change of the boundaries of a reserve takes effect on the day the adjustment notice or plan of subdivision for the change is registered.

s 31A ins 2007 No. 19 s 23

amd 2013 No. 23 s 352 sch 1 pt 1

31BChanging purpose

(1)The Minister may change the purpose for which a reserve is dedicated to a community purpose or another community purpose.

(2)However, the Minister may change the purpose for which a reserve is dedicated to a purpose mentioned in section 31 (2) only if the reserve is transferable land.

(3)Also, the Minister may change the purpose of a reserve dedicated for a purpose mentioned in section 31 (2) only to Aboriginal purposes or Torres Strait Islander purposes.

(4)The Minister may change the purpose for which a reserve is dedicated under this section without receiving an application under section 31D (1).

(5)The purpose for which a reserve is dedicated is changed by registering an adjustment notice.

(6)The adjustment notice must state—

(a)the reason for the change of purpose of the reserve; and

(b)the changed purpose for which the reserve is dedicated.

(7)The change of purpose for which a reserve is dedicated takes effect on the day the adjustment notice for the change is registered.

s 31B ins 2007 No. 19 s 23

amd 2009 No. 5 s 20; 2013 No. 23 s 352 sch 1 pt 1

31CApplying for dedication of reserve

(1)A person may apply to the Minister for the dedication of a reserve.

(2)However, before applying, the person must give notice of the person’s intention to make the application to—

(a)if the person is not the proposed trustee of the reserve—the proposed trustee; and

(b)each person with a registered interest in the unallocated State land over which the reserve is proposed to be dedicated.

(3)The person may also give notice to any other person the first person considers has an interest in the unallocated State land over which the reserve is proposed to be dedicated.

s 31C ins 2007 No. 19 s 23

sub 2013 No. 23 s 47

31DApplying for adjustment of reserve

(1)The trustee of a reserve may apply to the Minister—

(a)to change the boundaries of the reserve; or

(b)to change the purpose for which the reserve is dedicated.

(2)However, before applying, the trustee must give notice of the trustee’s intention to make the application to each person with a registered interest in the reserve.

(3)The trustee may also give notice to any other person the trustee considers—

(a)has an interest in the reserve; or

(b)would have an interest in the reserve if the boundaries of the reserve or the purpose for which the reserve is dedicated were changed.

s 31D ins 2007 No. 19 s 23

sub 2013 No. 23 s 47

31FNotice of registration of action in relation to reserve

(1)The chief executive must give notice of the registration of an action relating to a reserve to each relevant person for the action.

(2)The notice must include the date of registration of the action.

(3)If an action is not registered, notice of the fact must be given to each relevant person for the action.

(4)In this section—

action, in relation to a reserve, means—

(a)the dedication of the reserve under section 31; or

(b)the change of the boundaries of the reserve under section 31A; or

(c)the change of purpose for which the reserve is dedicated under section 31B.

relevant person, for an action in relation to a reserve, means—

(a)the person or trustee that made an application under section 31C or 31D in relation to the proposed action;

(b)each person given a notice under section 31C or 31D about the proposed action.

s 31F ins 2007 No. 19 s 23

amd 2009 No. 5 s 21; 2013 No. 23 ss 48, 352 sch 1 pt 1

32State leases over reserves

(1)The Minister must not grant a lease over a reserve for more than 30 years.

(2)A lease over a reserve must not contain a covenant, agreement or condition—

(a)to renew the lease; or

(b)to convert to another form of tenure (including freehold); or

(c)to buy the land.

(3)A lease over a reserve may be granted only if the lease—

(a)would be consistent with the purpose for which the land was reserved; or

(b)would facilitate or enhance the purpose for which the land was reserved.

(4)Despite subsection (3), a lease may be granted over a reserve for a purpose inconsistent with the purpose for which the reserve was dedicated if—

(a)the lease would not diminish the purpose; and

(b)no more improvements, other than improvements approved by the Minister, are built or placed by the lessee on the leased part of the reserve.

(5)If there is a trustee of the reserve, the trustee must be consulted before the lease is granted.

s 32 amd 2009 No. 5 s 22

33Revocation of reserves

(1)The Minister, may revoke the dedication of all or part of a reserve if—

(a)it is no longer needed for a community purpose; or

(b)it is needed, in the public interest, for a different use; or

(c)the Minister is satisfied a different tenure would be more appropriate for the purpose for which the land is used; or

(d)the reserve or part is in a priority development area.

(2)The Minister may revoke the dedication of all or part of a reserve without receiving an application under section 34.

s 33 amd 2004 No. 4 s 9; 2007 No. 41 s 232; 2007 No. 19 s 24; 2012 No. 43 s 221 sch 1

34Applying to revoke dedication of reserve

(1)A person may apply for the revocation of the dedication of all or part of a reserve.

(2)However, before applying, the person must give notice of the person’s intention to make the application to—

(a)if the person is not the trustee of the reserve—the trustee of the reserve; and

(b)each person with a registered interest in the reserve.

(3)The person may also give notice to any other person the first person considers has an interest in the reserve.

s 34 sub 2007 No. 19 s 25

amd 2013 No. 23 s 49

34CRemoval of interests before revocation

Before the Minister revokes the dedication of a reserve—

(a)any State lease or easement existing over the reserve must be resumed or surrendered; and

(b)any permit to occupy existing over the reserve must be cancelled or surrendered.

Note—

Under section 372 (2), a public utility easement may continue over unallocated State land when the dedication of a reserve is revoked.

s 34C ins 2007 No. 19 s 25

34DRegistration revokes dedication of reserve

(1)The dedication of all or part of a reserve is revoked by registering a revocation notice or plan of subdivision for the reserve.

(2)However, if the revocation relates to only part of a lot, the revocation may only be made by registering a plan of subdivision.

(3)Also, if all or part of a reserve for cemetery purposes has been used for cemetery purposes, the dedication of the reserve or any part of it may be revoked under this section only if a regulation authorises the revocation.

(4)A revocation notice or plan of subdivision registered for subsection (3)—

(a)must state the particulars of the regulation mentioned in subsection (3); and

(b)may only be registered when the Statutory Instruments Act 1992 , section 50, can no longer operate to cause the regulation to cease to have effect.

(5)The revocation of the dedication of all or part of a reserve takes effect on the day a revocation notice or plan of subdivision is registered.

s 34D ins 2007 No. 19 s 25

34ENotice of revocation

(1)The chief executive must give notice of the revocation of the dedication of a reserve to the person who applied for the revocation and each person given notice about the proposed revocation under section 34 (either a relevant person).

(2)The notice under subsection (1) must include all of the following—

(a)the date of the revocation;

(b)the effect, under section 34F, of the revocation;

(c)if there are improvements on the land the subject of the reserve owned by the person receiving the notice—a statement that the person may apply to remove the improvements.

(3)If the Minister decides not to revoke the dedication of a reserve, notice of the fact must be given to each relevant person.

s 34E ins 2007 No. 19 s 25

amd 2013 No. 23 ss 50, 352 sch 1 pt 1

34FEffect of revocation

On the revocation of all or part of a reserve, all of the following apply in relation to the land the subject of the revocation—

(a)the reserve ends;

(b)all appointments of trustees are cancelled;

(c)all trustee leases and interests in the trustee leases are cancelled;

(d)all trustee permits are cancelled;

(e)the land becomes unallocated State land;

(f)no person has a right to claim compensation from the Minister or the State for the revocation.

s 34F ins 2007 No. 19 s 25

34GPerson to give up possession

(1)On the revocation of the dedication of all or part of a reserve, a person occupying land the subject of the revocation must immediately vacate the land.

(2)A person who does not give up possession under subsection (1), and is not otherwise entitled to possession, is a person who is unlawfully occupying unallocated State land.

Note—

Action for trespassing may be taken under chapter 7, part 2.

s 34G ins 2007 No. 19 s 25

34HDealing with improvements

(1)An owner of improvements on a reserve the dedication of which has been revoked may apply to remove the owner’s improvements on the reserve.

(2)The owner may remove the improvements only with the written approval of, and within a time stated by, the Minister.

(3)The improvements become the property of the State if—

(a)the Minister refuses to give written approval for their removal; or

(b)the Minister gives written approval for their removal but the improvements have not been removed within the time stated by the Minister.

(4)However, if the land the subject of revocation is leased or sold, the owner has a right to payment for the improvements under chapter 5, part 5.

(5)In this section—

owner, of improvements, means—

(a)if the trustee of the reserve the dedication of which has been revoked owned the improvements—the trustee; or

(b)a person who—

(i)made the improvements with the trustee’s authority; and

(ii)owned the improvements.

s 34H ins 2007 No. 19 s 25

sdiv 2 hdg ins 2007 No. 19 s 25

34IApplying for deed of grant

(1)The trustee of an operational reserve may apply for the issue of a deed of grant over the reserve if the trustee is a constructing authority.

(2)An application under subsection (1) may not be made for the issue of a deed of grant over part only of the reserve.

(3)However, before applying, the trustee must give notice of the trustee’s intention to make the application to each person with a registered interest in the reserve.

(4)The trustee may also give notice to any other person the trustee considers has an interest in the reserve.

s 34I ins 2007 No. 19 s 25

amd 2009 No. 5 s 23; 2013 No. 23 s 51

34IAParticular matters about issue of deed of grant

(1)The Minister may recommend to the Governor in Council the issue of a deed of grant only if satisfied the deed of grant would be an appropriate tenure for the reserve, having regard to—

(a)the public purpose for which the land was reserved and set apart under the repealed Act; and

(b)the current and proposed use of the land.

(2)If the Minister decides to recommend to the Governor in Council the issue of a deed of grant, the Minister must decide the purchase price for the land in the reserve in the way prescribed by regulation.

s 34IA ins 2009 No. 5 s 24

amd 2014 No. 29 s 27

34LRemoval of interests before grant

Before the Governor in Council may issue a deed of grant over an operational reserve—

(a)any State lease that exists over the reserve must be resumed or surrendered; and

(b)any permit to occupy that exists over the reserve must be cancelled or surrendered.

s 34L ins 2007 No. 19 s 25

34MRegistration of deed of grant revokes reservation and setting apart

(1)The reservation and setting aside of an operational reserve is revoked by registering a deed of grant over the reserve.

(2)The deed of grant takes effect on the day the deed of grant is registered.

s 34M ins 2007 No. 19 s 25

34NNotice of registration of deed of grant

(1)The chief executive must give notice of the registration of the deed of grant over an operational reserve to the trustee who applied for the issue of the deed of grant and each person given notice about the proposed issue under section 34I (either a relevant person).

(2)The notice under subsection (1) must include both of the following—

(a)the date of registration of the deed of grant;

(b)the effect, under section 34O, of the registration of the deed of grant.

(3)If the Governor in Council does not issue a deed of grant over an operational reserve, notice of the fact must be given to each relevant person.

s 34N ins 2007 No. 19 s 25

amd 2013 No. 23 ss 52, 352 sch 1 pt 1

34OEffect of revocation

On the registration of a deed of grant over an operational reserve, all of the following apply—

(a)the reservation and setting apart of the reserve is revoked;

(b)the reserve ends;

(c)all appointments of trustees are cancelled;

(d)the deed of grant is issued subject to—

(i)all easements and trustee leases over the reserve; and

(ii)all registered interests in the easements and trustee leases.

s 34O ins 2007 No. 19 s 25

34PSubdivision of DOGIT land

(1)DOGIT land may be subdivided by a plan of subdivision creating 2 or more lots.

(2)The plan of subdivision mentioned in subsection (1) may be registered only with the approval of the Minister, unless the plan of subdivision is only for the purposes of the resumption, taking or other compulsory acquisition under an Act of part of the DOGIT land.

(3)A plan of subdivision for DOGIT land lodged for registration in the freehold land register must be accompanied by an instrument of covenant ensuring the lots created by the plan, other than any exempt lot, are held by the same person.

(4)The covenantee under the instrument creating the covenant must be the State.

(5)In this section—

DOGIT land means land contained in a deed of grant in trust.

exempt lot means—

(a)land dedicated to public use under the plan; or

(b)land resumed, taken or otherwise compulsorily acquired under an Act; or

(c)land surrendered under section 55.

s 34P ins 2008 No. 29 s 61

amd 2013 No. 2 s 119

35Use of land granted in trust

(1)The way land granted in trust by the Governor in Council is used must not be inconsistent with—

(a)a purpose for which it was granted; or

Note—

The power of the Governor in Council to grant land in trust is in section 14 (2) (Governor in Council may grant land).

(b)an additional community purpose notified under subsection (2).

(2)The Governor in Council may, by gazette notice, notify an additional community purpose for land granted in trust.

(3)The Governor in Council may notify an additional community purpose without receiving an application under section 38A (1) (a).

(4)An additional community purpose for land granted in trust is registered by registering an adjustment notice.

(5)The adjustment notice under subsection (4) must state—

(a)the particulars of the gazette notice notifying an additional community purpose; and

(b)the additional community purpose for the deed of grant in trust.

(6)The additional community purpose for land granted in trust takes effect on the day the adjustment notice is registered.

s 35 sub 1997 No. 78 s 36

amd 2007 No. 19 s 26; 2009 No. 5 s 27; 2013 No. 23 s 352 sch 1 pt 1

36Amalgamating land with common purposes

(1)If unallocated State land to be granted in trust for a community purpose adjoins land contained in a deed of grant in trust for the same purpose, both areas of land may be included in a single deed of grant in trust.

(2)If land contained in a deed of grant in trust for a purpose adjoins land contained in another deed of grant in trust for the same purpose, both areas of land may be included in a single deed of grant in trust.

Note for subsections (1) and (2)—

A deed of grant issued because of an addition of land is issued under section 358.

(3)However, the following land must not be included with land contained in a deed of grant in trust issued on or after 1 July 1995—

(a)land contained in a deed of grant in trust issued before 1 July 1995;

(b)land contained in a conditional deed that became a deed of grant in trust under section 493 (1).

(4)For this section—

(a)land separated from other land by a road or watercourse is taken to adjoin the other land; and

(b)a reference to a deed of grant in trust issued before 1 July 1995 is taken to include a reference to a deed of grant in trust issued on or after 1 July 1995 under section 358 for land originally granted in trust before 1 July 1995.

s 36 amd 2007 No. 19 s 27 (amd 2004 No. 57 s 18); 2009 No. 5 s 28

37Removing area from deed of grant in trust

(1)If the Minister is satisfied the area of a deed of grant in trust is more than the area reasonably needed for the trust, the Minister may refer the matter to the court for a decision on whether the land is more than the area reasonably needed, and if so, the part not needed.

(2)If the court decides part of the land is surplus to the needs of the trust, the Governor in Council may resume the surplus land under the Acquisition of Land Act 1967 .

(3)If land is resumed, compensation is payable only for improvements and development work lawfully carried out by the trustee, or a person with the trustee’s authority, on the resumed land.

s 37 amd 2007 No. 19 s 28

38Cancelling a deed of grant in trust

(1)The Governor in Council, by gazette notice, may cancel a deed of grant in trust if—

(a)the trust stops operating; or

(b)the affairs of the trust are not properly managed in the public interest; or

(c)the land is used in a way inconsistent with the purpose of the trust; or

(d)the Governor in Council considers it appropriate in the public interest; or

(e)the land is in a priority development area.

(2)Before a deed of grant in trust is cancelled, the Minister may ask the court for a decision on a matter mentioned in subsection (1) (a) to (c).

(3)The Governor in Council may cancel a deed of grant in trust without receiving an application under section 38A (2).

(4)A deed of grant in trust is cancelled by the registration of a cancellation notice.

(5)The cancellation notice must include the particulars of the gazette notice cancelling the deed of grant in trust.

(6)The cancellation of the deed of grant in trust takes effect on the day the cancellation notice is registered.

s 38 amd 2000 No. 2 s 32 sch; 2004 No. 4 s 10; 2007 No. 41 s 233; 2007 No. 19 s 29; 2012 No. 43 s 221 sch 1

38AApplying for additional community purpose, amalgamation or cancellation

(1)The trustee (the applicant) of a deed of grant in trust may apply—

(a)for an additional community purpose to be notified under section 35; or

(b)to amalgamate land with common purposes under section 36.

(2)A person (also the applicant) may apply for the cancellation of a deed of grant in trust under section 38.

(3)However, before applying under this section, the applicant must give notice of the applicant’s intention to apply to each of the following—

(a)the trustee of the deed of grant in trust, other than the applicant;

(b)each person with a registered interest in the trust land.

(4)The applicant may also give notice to any other person the applicant considers has an interest in the trust land.

s 38A ins 2007 No. 19 s 30

amd 2013 No. 23 s 53

38DNotice of registration of action

(1)The chief executive must give notice of the registration of an action relating to a deed of grant in trust to the applicant and each person given notice about the proposed action under section 38A (either a relevant person).

(2)The notice under subsection (1) must include the following—

(a)the date of registration of the action;

(b)if the action is the addition of a community purpose for the deed of grant in trust—a copy of the gazette notice mentioned in section 35 (2);

(c)if the action is the amalgamation of land with common purposes—the particulars of the new deed of grant in trust issued under section 358;

(d)if the action is the cancellation of a deed of grant in trust—

(i)a copy of the gazette notice mentioned in section 38 (1); and

(ii)the effect, under section 38E, of the cancellation; and

(iii)if there are improvements on the land the subject of the deed of grant in trust owned by the person receiving the notice—a statement that the person may apply to remove the improvements.

(3)If an action is not registered, notice of the fact must be given to each relevant person.

(4)In this section—

action, in relation to a deed of grant in trust, means—

(a)the addition of a community purpose for the deed of grant in trust under section 35 (2); or

(b)the amalgamation of land with common purposes under section 36; or

(c)the cancellation of a deed of grant in trust under section 38.

s 38D ins 2007 No. 19 s 30

amd 2013 No. 23 ss 54, 352 sch 1 pt 1

38EEffect of cancellation

On the cancellation of a deed of grant in trust, all of the following apply—

(a)the trust ends;

(b)all appointments of trustees are cancelled;

(c)all interests in the deed of grant in trust are cancelled;

(d)the land becomes unallocated State land;

(e)no person has a right to claim compensation from the Minister or the State for the cancellation.

s 38E ins 2007 No. 19 s 30

38FPerson to give up possession

(1)On the cancellation of a deed of grant in trust, a person occupying the land the subject of the cancellation must immediately vacate the land.

(2)A person who does not give up possession under subsection (1), and is not otherwise entitled to possession, is a person who is unlawfully occupying unallocated State land.

Note—

Action for trespassing may be taken under chapter 7, part 2.

s 38F ins 2007 No. 19 s 30

38GDealing with improvements

(1)An owner of improvements on a deed of grant in trust that has been cancelled may apply to remove the owner’s improvements on the deed of grant in trust.

(2)The owner may remove the improvements only with the written approval of, and within a time stated by, the Minister.

(3)The improvements become the property of the State if—

(a)the Minister has not given written approval for their removal; or

(b)the Minister has given written approval for their removal but the improvements have not been removed within the time stated by the Minister.

(4)However, if the land the subject of cancellation is leased or sold, the owner has a right to payment for the improvements under chapter 5, part 5.

(5)In this section—

owner, of improvements, means—

(a)if the trustee under the cancelled deed of grant in trust owned the improvements—the trustee; or

(b)a person who—

(i)made the improvements with the trustee’s authority; and

(ii)owned the improvements.

s 38G ins 2007 No. 19 s 30

39Application of division

This division applies only to deeds of grant in trust granted for the benefit of Aboriginal and Islander inhabitants or for Aboriginal and Islander purposes.

40Improvements and land may be excluded

(1)The following things may be excluded from a deed of grant in trust when it is granted—

(a)improvements owned by the State, other than buildings built for the residence of Aboriginal or Islander inhabitants authorised to live within the boundaries of the land granted, together with—

(i)the land on which the improvements are located; and

(ii)a reasonable area of land surrounding the improvements; and

(iii)adequate access to the improvements;

(b)land consisting of aerodromes, landing strips, ports, roads, stock routes, bridges and railways.

(2)An exclusion may be by description rather than survey.

s 40 amd 1998 No. 48 s 17 sch

41Survey not needed

(1)A deed of grant in trust may be issued even if it has not been surveyed.

(2)If the deed of grant is not surveyed before it is issued, the land must be described in a way approved by the Minister.

(3)If a more accurate description of the land, including exclusions, becomes available, the registrar of titles must substitute the description for the previous description in the freehold land register.

42Change of boundaries or roads

(1)A regulation may change the location of the boundaries of a deed of grant in trust or a road in or other thing excluded under section 40 from the deed of grant in trust.

Note—

A deed of grant issued because of a change of boundary or road is issued under section 358. Section 40 lists the things that may be excluded from a deed of grant in trust to which this division applies.

(2)The regulation must not decrease the area of land granted in trust.

s 42 amd 2013 No. 23 s 352 sch 1 pt 1

42AAmalgamating particular land with existing deeds of grant in trust

(1)This section applies to land that is—

(a)transferable land; and

(b)located within or adjoining the external boundaries of the land the subject of an existing deed of a grant in trust.

(2)The State may prepare a plan of subdivision showing the inclusion of the land with the land the subject of the deed of grant in trust.

(3) Section 452A does not apply to the land included with the deed of grant in trust.

(4)In this section—

transferable land includes land in a road that is to be—

(a)closed under section 109 (2) (b) or 109B; and

(b)included in a new deed of grant issued under section 358.

s 42A ins 2007 No. 19 s 31

amd 2010 No. 39 s 312

43Only Parliament may delete land from or cancel an existing deed of grant in trust

(1)Only an Act may—

(a)delete land from an existing deed of grant in trust; or

(b)cancel an existing deed of grant in trust.

(2)This section has effect despite sections 37 and 38.

(3) Subsection (1) (b) does not apply to the cancellation of a deed of grant in trust under section 358 for the purposes of an amalgamation under section 42A.

(4)For subsection (1), an interest in land in an existing deed of grant in trust may be taken under the Acquisition Act by a constructing authority.

(5)However, an interest in land in an existing deed of grant in trust may be taken under the Acquisition Act only for a relevant purpose.

(6)To remove any doubt, it is declared that, for taking an interest in land in an existing deed of grant in trust under the Acquisition Act, the land is land as defined in that Act.

(7) Subsection (1) does not apply to a deletion of land from an existing deed of grant in trust, or the cancellation of an existing deed of grant in trust, as a result of the taking of the land under the Acquisition Act.

(8)In this section—

Acquisition Act means the Acquisition of Land Act 1967 .

relevant purpose means any purpose for which land may be taken under the Acquisition Act by a constructing authority, other than a purpose under—

(a)the State Development and Public Works Organisation Act 1971 ; or

(b)the Petroleum and Gas (Production and Safety) Act 2004 ; or

(c)the Greenhouse Gas Storage Act 2009 ; or

(d)the Geothermal Energy Act 2010 .

s 43 amd 2007 No. 19 s 32; 2008 No. 29 s 62; 2009 No. 3 s 502; 2010 No. 31 s 585 sch 2 pt 4

44Appointing trustees

(1)The Minister may appoint trustees of trust land.

(2)A trustee may be—

(a)the State; or

(b)a statutory body; or

(c)an incorporated body; or

(d)a named individual.

(3)The Minister may appoint a trustee subject to conditions.

(4)Before a trustee may be appointed, the Minister must be given written acceptance of the appointment.

(5)Written acceptance of the appointment under subsection (4) must be in the approved form.

(6)A trustee is appointed by registering a trustee of trust land notice or plan of subdivision.

(7)The appointment of a trustee under subsection (1) is effective—

(a)if the appointment is the appointment of a trustee of a reserve—on the day the trustee of trust land notice or plan of subdivision for the dedication of the reserve is registered; or

(b)if the appointment is the appointment of a trustee of a deed of grant in trust—on the day the trustee of trust land notice for the appointment is registered.

(8)A plan of subdivision mentioned in subsection (7) (a) must include all of the following—

(a)the Minister’s approval of the appointment;

(b)the name of the trustee;

(c)any conditions to which the appointment is subject under subsection (3).

s 44 amd 2007 No. 19 s 33

45Details of trustees

(1)A change to a name of a trustee must be registered.

(2)A trustee must advise the chief executive of the trustee’s address and any change to the address.

(3)If an incorporated body is a trustee and it loses its incorporated status, it must immediately advise the chief executive.

s 45 amd 2004 No. 4 s 11; 2007 No. 19 s 45; 2007 No. 19 s 34

46Trustee’s administrative functions

(1)A trustee’s functions are to—

(a)manage the trust land consistent with achieving the purpose of the trust; and

(b)fulfil the trust within their conditions of appointment (if any); and

(c)control noxious plants on the trust land; and

(d)keep records required by the Minister or required under this and other Acts.

(2)A trustee has the responsibility for a duty of care for the trust land.

(3)Unless the Minister otherwise decides, a trustee’s functions include protecting and maintaining, so far as is reasonable, all improvements on the trust land.

(4)The Minister may direct a trustee to erect signs on trust land indicating the land has been granted in trust or dedicated as a reserve.

(5)The trustee must comply with the Minister’s direction.

47Trustee’s accounting functions

(1)The trustee of trust land must keep proper books of account and have the books annually audited by a—

(a)member of CPA Australia who is entitled to use the letters ‘CPA’ or ‘FCPA’; or

(b)member of The Institute of Chartered Accountants in Australia who is entitled to use the letters ‘CA’ or ‘FCA’; or

(c)member of the Institute of Public Accountants who is entitled to use the letters ‘MIPA’ or ‘FIPA’; or

(d)person approved by the chief executive.

(2)The trustee must give a copy of the audited financial statement to the chief executive within 28 days after it has been finished.

(3) Subsections (1) and (2) apply only to trusts receiving yearly income from the trust land greater than an amount prescribed under the regulations.

(4)If subsections (1) and (2) do not apply to a trust, the Minister may ask the trustees to give the Minister a report of the financial activities of the trust.

s 47 amd 2006 No. 9 s 27; 2013 No. 39 s 43 sch 1

48Trustees to give information and allow inspection of records

(1)The trustee of trust land must, if asked by the Minister—

(a)apply for the approval of a management plan for the trust land; and

(b)at all reasonable times, make all trust records available for inspection by the Minister and allow copies and notes of the records to be made.

(2)If a management plan mentioned in subsection (1) (a) is approved, the plan may be registered in the appropriate register.

s 48 amd 2007 No. 19 s 35; 2010 No. 12 s 101

49External audits

The trustee of trust land must, if asked by the Minister or required under an Act—

(a)allow the auditor-general, a person mentioned in section 47 (1) (a) to (d), or a person authorised by the chief executive of a department, to audit the trust’s financial accounts; and

(b)help the conduct of the audit, including the disclosure of financial institution accounts necessary for the audit.

s 49 amd 1997 No. 17 s 74 sch; 2006 No. 9 s 28

50Vacation of office by trustee

(1)A trustee of trust land is taken to have vacated office if—

(a)the trustee dies, resigns by signed notice of resignation given to the Minister, becomes incapable of acting or can not be located; or

(b)if the trustee is an incorporated body—the incorporated body ceases to exist.

(2)The vacation of office of a trustee must be registered.

(3)The Minister may appoint, under section 44, a new trustee to fill the vacated office.

s 50 amd 2007 No. 19 s 36

51Removal of trustees

(1)The Minister may remove a trustee from office if the Minister is satisfied—

(a)the trustee has breached the conditions of the trust, the conditions of appointment or this Act; or

(b)the removal is in the public interest.

(2)The removal of a trustee from office must be registered.

(3)The Minister may appoint, under section 44, a new trustee in the place of the trustee removed.

s 51 amd 2007 No. 19 s 37

52General powers of trustee

(1)The trustee of trust land may take all action necessary for the maintenance and management of the land.

(2)However, the action must be consistent with—

(a)the purpose for which the reserve was dedicated or the land was granted in trust; and

(b)this Act; and

(c)any conditions of appointment of the trustee.

(3)Despite subsection (2) (a), the Minister may approve action that is inconsistent (inconsistent action) with the purpose for which the reserve was dedicated or the land was granted in trust if the Minister is reasonably satisfied the inconsistent action will not—

(a)diminish the purpose for which the reserve was dedicated or the land was granted in trust; or

(b)adversely affect any business in the area surrounding the reserve or land granted in trust.

(4)The Minister’s approval under subsection (3) may be subject to conditions.

(5)A trustee of trust land may apply for the approval of an inconsistent action under subsection (3).

s 52 amd 2007 No. 19 s 38

52ADeclaration that trustee is statutory body

(1)The trustee of trust land, in the capacity as trustee, is a statutory body for the Statutory Bodies Financial Arrangements Act 1982 .

(2) Subsection (1) applies despite the Statutory Bodies Financial Arrangements Act 1982 , section 6 (1).

Note—

Under the Statutory Bodies Financial Arrangements Act 1982 , section 6(1) various entities are not statutory bodies, including, for example, a company incorporated under the Corporations Act and a GOC.

(3)The Statutory Bodies Financial Arrangements Act 1982 , part 2B sets out the way in which the powers of the trustee under this Act are affected by the Statutory Bodies Financial Arrangements Act 1982 .

s 52A ins 1996 No. 54 s 9 sch

amd 2013 No. 23 s 352 sch 1 pt 1

53Statutory body trustee powers

If a statutory body is the trustee of trust land, the body may only exercise, for the trust land, its powers that are not inconsistent with this Act.

53AState trustee powers and delegation

(1)If the State is the trustee of trust land, the State may only exercise, for the trust land, powers that are not inconsistent with this Act.

(2)A relevant Minister for trust land may delegate a power of the State as trustee of trust land to an appropriately qualified officer of the State.

(3)In this section—

appropriately qualified includes having the qualifications, experience or standing appropriate to exercise the power.

Example of standing—

a person’s level of employment in the entity in which the person is employed

officer of the State means a public service officer and any other person employed in a public sector unit.

relevant Minister, for trust land, means the Minister having responsibility for the State for administering the trust land.

s 53A ins 2007 No. 19 s 39

54No power to sell trust land

The trustees of trust land are not authorised to dispose of the trust land.

55Power to surrender deed of grant in trust

(1)A trustee may surrender all or part of a deed of grant in trust—

(a)on terms agreed to between the Minister and the trustee; and

(b)with the Minister’s written approval.

(2)If part of the land is surrendered, the deed of grant in trust remains in force for the land not surrendered and the registrar of titles must make an appropriate recording in the freehold land register.

s 55 amd 2004 No. 4 s 12; 2007 No. 19 s 40

55AApplying to surrender

(1)The trustee of a deed of grant in trust may apply to surrender all or part of the deed of grant in trust.

(2)However, before applying, the trustee must give notice of the trustee’s intention to apply to each person with a registered interest in the deed of grant in trust.

(3)The trustee may also give notice to any other person the trustee considers has an interest in the deed of grant in trust.

s 55A ins 2007 No. 19 s 41

amd 2013 No. 23 s 55

55DRegistration surrenders deed of grant in trust

(1)All or part of a deed of grant in trust may be surrendered by registering a surrender notice or plan of subdivision.

(2)However, if the surrender relates to only part of a lot, the surrender may only be made by registering a plan of subdivision.

(3)The surrender of all or part of a deed of grant in trust takes effect on the day a surrender notice or plan of subdivision is registered.

(4)The Land Title Act 1994 , section 50, and the provisions of the Sustainable Planning Act 2009 about reconfiguring a lot do not apply to a plan of subdivision registered to give effect to a surrender under this section.

s 55D ins 2007 No. 19 s 41

amd 2009 No. 36 s 872 sch 2

55ENotice of surrender

(1)The chief executive must give notice of the surrender of a deed in grant in trust to the trustee and each person given a notice about the proposed surrender under section 55A (either a relevant person).

(2)The notice must include all of the following—

(a)the date of the surrender;

(b)the effect, under section 55F, of the surrender;

(c)if there are improvements on the land the subject of the deed of grant in trust owned by the person receiving the notice—a statement that the person may apply to remove the improvements.

(3)If the Minister decides not to approve the surrender of a deed of grant in trust, notice of the fact must be given to each relevant person.

s 55E ins 2007 No. 19 s 41

amd 2013 No. 23 ss 56, 352 sch 1 pt 1

55FEffect of surrender

On the surrender of all or part of a deed of grant in trust, the following applies in relation to the land the subject of the surrender—

(a)the trusts ends;

(b)all appointments of trustees are cancelled;

(c)all interests in the deed of grant in trust are extinguished;

(d)the land becomes unallocated State land;

(e)no person has a right to claim compensation from the Minister or the State for the surrender.

s 55F ins 2007 No. 19 s 41

55GPerson to give up possession on surrender

(1)On the surrender of all or part of a deed of grant in trust, a person occupying the land the subject of the surrender must immediately vacate the land.

(2)A person who does not give up possession under subsection (1), and is not otherwise entitled to possession, is a person who is unlawfully occupying unallocated State land.

Note—

Action for trespassing may be taken under chapter 7, part 2.

s 55G ins 2007 No. 19 s 41

55HDealing with improvements

(1)An owner of improvements on a deed of grant in trust that has been surrendered may apply to remove the owner’s improvements on the deed of grant in trust.

(2)The owner may remove the improvements only with the written approval of, and within a time stated by, the Minister.

(3)The improvements become the property of the State if—

(a)the Minister has not given written approval for their removal; or

(b)the Minister has given written approval for their removal but the improvements have not been removed within the time stated by the Minister.

(4)However, if the land the subject of surrender is leased or sold, the owner has a right to payment for the improvements under chapter 5, part 5.

(5)In this section—

owner, of improvements, means—

(a)if the trustee under the surrendered deed of grant in trust owned the improvements—the trustee; or

(b)a person who—

(i)made the improvements on the land the subject of the surrender with the trustee’s authority; and

(ii)owned the improvements.

s 55H ins 2007 No. 19 s 41

56Model by-laws

(1)The Governor in Council, by regulation, may make model by-laws for trust land.

(2)Without limiting subsection (1), a model by-law may be made about the following matters—

(a)the protection and use of trust land, including buildings on trust land;

(b)regulating the business and management of trusts;

(c)penalties, not more than 100 penalty units, for the contravention of a model by-law.

(3)A model by-law may state that all or part of trust land is a public place within the meaning of an Act—

(a)conferring or imposing on police officers powers or duties about public places; or

(b)providing for the punishment of offences committed in public places.

(4)If a local government is the trustee it may—

(a)make local laws for the trust land under the Local Government Act 2009 or the City of Brisbane Act 2010 ; and

(b)adopt a model by-law.

(5)If a local government adopts a model by-law, it must follow the procedure under the Local Government Act 2009 for adopting a model local law when it adopts the model by-law.

(6)A local law made under subsection (4) (a) must not be inconsistent with this Act.

(7)A trustee other than a local government, in the way prescribed under the regulations, may adopt as its by-laws all or any of the model by-laws.

(8)A model by-law has no effect unless it is adopted in the prescribed way.

(9)In a proceeding, a copy of a public notice about the adoption of a model by-law is—

(a)evidence of the information in the notice; and

(b)evidence that the model by-law had been properly adopted.

s 56 amd 2009 No. 17 s 331 sch 1; 2010 No. 23 s 352 sch 1

57Trustee leases

(1)A trustee may lease all or part of the trust land if the trustee first obtains the Minister’s written ‘in principle’ approval to the lease.

(2)The Minister’s approval may include conditions, including, for example, that a stated mandatory standard terms document must form part of the lease.

(3)Despite subsections (1) and (2) a trustee may, without the Minister’s approval, grant a trustee lease (construction) or a trustee lease (State or statutory body) over all or part of the trust land.

(4)A trustee lease (construction) is a lease of trust land to the State for the construction of transport infrastructure and the provision of transport services on the trust land.

(5)A trustee lease (State or statutory body) is a lease of trust land if all of the following apply—

(a)the trustee of the trust land is the State or a statutory body;

(b)a stated mandatory standard terms document forms part of the lease;

(c)the purpose of the lease is consistent with the purpose for which the trust land was reserved or granted in trust;

(d)if a management plan for the trust land is registered under section 48—the lease is consistent with the management plan.

(6)A trustee lease (construction) may be granted even if its purpose is inconsistent with the purpose for which the trust land was reserved or granted in trust.

(7)Each trustee lease must be registered in the appropriate register.

(8)This section does not authorise the construction of works under a trustee lease (construction) before the lease is registered.

(9)Each trustee lease, other than a trustee lease (construction) or trustee lease (State or statutory body), must be endorsed with the Minister’s approval before it is registered.

(10)If the trustee lease is for only part of the trust land, the appropriate form for the trustee lease must also include—

(a)a sketch plan the chief executive is satisfied identifies the land being leased; or

(b)if required by the chief executive—a plan of survey identifying the land being leased.

(11)However, the chief executive may allow the land being leased to be identified by a description alone if the chief executive is satisfied the land is adequately identified by the description.

Note—

This section and other provisions of this division do not apply in relation to leasing Aboriginal trust land as defined under the Aboriginal Land Act 1991 or Torres Strait Islander trust land as defined under the Torres Strait Islander Land Act 1991 . See the Aboriginal Land Act 1991 , part 15 and the Torres Strait Islander Land Act 1991 , part 11.

s 57 amd 1997 No. 78 s 37; 2004 No. 4 s 13; 2007 No. 19 s 42; 2008 No. 29 s 63; 2009 No. 5 s 30; 2013 No. 23 s 57; 2014 No. 45 s 58 sch 1 pt 1

57AAmending a trustee lease

(1)A registered trustee lease may, with the Minister’s approval, be amended by registering an amendment of the trustee lease.

(2)However, the Minister’s approval is not required if the lease is—

(a)a trustee lease (construction); or

(b)a construction trustee sublease; or

(c)a trustee lease (State or statutory body); or

(d)a sublease of a trustee lease (State or statutory body).

(3)Also, the document of amendment must not—

(a)increase or decrease the area leased; or

(b)add or remove a party to the lease; or

(c)increase the term of the lease.

s 57A ins 2004 No. 4 s 14

amd 2013 No. 23 s 58

58Other transactions relating to trustee leases

(1)A trustee lessee may transfer, mortgage or sublease a trustee lease if the trustee lessee first obtains the written approval of the Minister and the trustee to the transaction.

(2)However, the Minister’s approval is not required if—

(a)the trustee has a written authority under section 64; or

Note—

Under section 64, the Minister may give a trustee a standing authority to sublease.

(b)the lease is a trustee lease (State or statutory body).

(3)The Minister and the trustee’s written approvals may include conditions, including, for example, in the case of a proposed sublease, that a stated mandatory standard terms document must form part of the sublease.

(4)Despite subsections (1) and (3)—

(a)the State as the lessee trustee lease (construction) may, without the trustee’s or Minister’s approval, sublease (a construction trustee sublease) all or part of the lease land to someone else for the purposes mentioned in section 57 (4); and

(b)the sublessee may further sublease the land the subject of the sublease.

(5)A construction trustee sublease may be granted even if its purpose is inconsistent with the purpose for which the trust land was reserved or granted in trust.

(6)If the Minister refuses to approve the transfer, mortgage or sublease, notice of the Minister’s decision and the reasons for the decision must be given to the trustee lessee.

(7)A trustee lessee may appeal against the Minister’s decision.

(8)All or part of a trustee lease or a sublease of a trustee lease may be surrendered only if each registered mortgagee and registered sublessee of the interest being surrendered has given written agreement to the surrender.

(9)Each transaction must be registered in the appropriate register.

(10)This section does not authorise the construction of works under a construction trustee sublease before the sublease is registered.

(11) Section 342 applies, with necessary changes, to the release of a mortgage of a trustee lease or sublease of a trustee lease.

s 58 amd 2004 No. 4 s 15; 2007 No. 19 s 43; 2013 No. 23 ss 59, 352 sch 1 pt 1

59Basis of Ministerial approval

(1)The Minister may approve a trustee lease or transaction under sections 57 and 58 only if the trustee lease or transaction—

(a)would be consistent with the purpose for which the land was reserved or granted in trust; and

(b)would facilitate or enhance the purpose for which the land was reserved or granted in trust.

(2)Despite subsection (1), the Minister may approve a trustee lease or a sublease for a purpose inconsistent with the purpose for which the trust land was dedicated or granted only if—

(a)the lease or sublease would not diminish the purpose; and

(b)all further improvement built or placed by the lessee on the part of the trust land that is leased or subleased are first approved by the Minister.

60Trustee permits

(1)A trustee may issue a trustee permit for the use of all or part of trust land.

(2)A trustee permit must not be inconsistent with the community purpose of the trust land and the requirements prescribed under a regulation.

(3)If a trustee permit is for more than 1 year, the trustee must lodge a copy of the permit for registration in the appropriate register.

(4)A trustee permit must not be for more than 3 years.

(5)If there is a registered mandatory standard terms document that applies generally to trustee permits—

(a)a trustee must not issue a trustee permit under this section unless the standard terms document forms part of the trustee permit; and

(b)the trustee permit is of no effect if the document does not form part of the trustee permit.

(6) Subsection (5) applies to a trustee permit whether or not it is required to be registered.

s 60 amd 2007 No. 19 s 44

61Conditions on trustee leases and trustee permits

(1)A trustee lease or sublease must not be for more than 30 years.

(2)However, a trustee lease or sublease may be for up 100 years if—

(a)the lease or sublease is for land the subject of an operational deed of grant in trust; and

(b)the purpose of the lease or sublease is development that, in the opinion of the Minister—

(i)will have a significant impact on the economic and social development of a locality or region; and

(ii)is necessary to support existing or proposed infrastructure that provides, or will provide, services to the community.

Example of a purpose for paragraph (b)—

construction of buildings at, or an upgrade of, an airport in a regional area

(3)A trustee lease or sublease must not contain a covenant, agreement or condition—

(a)to renew the lease; or

(b)to convert to another form of tenure (including freehold); or

(c)to buy the land.

(4)It is a condition of every trustee lease, sublease and trustee permit that the lessee, sublessee or permittee holds the lease, sublease or permit so that the land may be used for the purpose for which it was reserved or granted in trust without undue interruption or obstruction.

(5)The condition mentioned in subsection (4) does not apply to a construction trustee lease or to a building permitted to be built on the land.

(6)In this section—

operational deed of grant in trust means a deed of grant in trust that was granted under the repealed Act for a public purpose that is not a community purpose under this Act.

s 61 amd 2009 No. 5 s 31; 2010 No. 12 s 102

62Grouping trust land

(1)The chief executive, if asked by a trustee, may approve the grouping of trust land, with the same or complementary purposes, under the control of the trustee.

(2)A grouping may be approved only if the chief executive is satisfied the grouping will enhance the financial and general management of the trust land sought to be grouped.

(3)The chief executive may cancel an approval to group trust land.

(4)If an approval is cancelled, the trust lands are no longer grouped.

63Rent to be charged

(1)A trustee may keep the rent paid under a trustee lease or trustee permit.

(2)The rent must be the most appropriate rent having regard to the use and the community benefit and purpose of the trustee lease or trustee permit.

(3)Unless the Minister first gives written approval, rent received from a trustee lease or trustee permit over trust land must be spent on the maintenance or enhancement of the trust land or grouped trust land.

(4) Subsection (3) does not apply if the trustee is—

(a)the State; or

(b)a statutory body prescribed under a regulation.

s 63 amd 2007 No. 19 s 45; 2013 No. 23 s 60

64Minister may dispense with approval

(1)If the Minister considers it appropriate, the Minister may give a relevant person a written authority dispensing with the need to obtain the Minister’s approval for relevant leases.

(2)If the Minister gives an authority, a relevant lease must be consistent with the purpose of the trust land and the requirements prescribed under a regulation.

(3)The Minister, by notice, may withdraw the authority.

(4)A relevant person may apply for approval to lease, sublease or sub-sublease trust land even if an authority is in force.

(5)If there is a registered mandatory standard terms document that applies generally to relevant leases—

(a)a relevant person must not lease, sublease or sub-sublease trust land unless the standard terms document forms part of the relevant lease; and

(b)the relevant lease is of no effect if the document does not form part of the relevant lease.

(6)Also, if there is a registered mandatory standard terms document that applies to a stated type of relevant lease—

(a)a relevant person must not issue a relevant lease of the stated type unless the standard terms document forms part of the relevant lease; and

(b)the relevant lease is of no effect if the document does not form part of the relevant lease.

Examples of stated types of relevant lease—

a lease for a particular purpose or a lease relating to land in a particular area

(7)In this section—

relevant lease means—

(a)a trustee lease; or

(b)a sublease of a trustee lease; or

(c)a sub-sublease of a sublease of a trustee lease.

relevant person means—

(a)a trustee; or

(b)a lessee under a trustee lease; or

(c)a sublessee under a sublease of a trustee lease.

s 64 amd 2007 No. 19 s 46; 2013 No. 23 s 352 sch 1 pt 1

65Cancellation of a trustee lease or trustee permit

(1)A trustee may cancel a trustee lease or trustee permit if the lessee or permittee does not comply with the conditions of the lease or permit.

(2)The Minister may also cancel a trustee lease or trustee permit if—

(a)the lessee or permittee does not comply with the conditions of the lease or permit; or

(b)the Minister is satisfied cancellation would be in the public interest.

(3)If a trustee lease or trustee permit is cancelled, no person has a right to a claim for compensation.

(4)Every cancellation of a trustee lease or trustee permit must be registered in the appropriate register.

66Right to remove improvements on cancellation

(1)If a trustee lease or trustee permit is cancelled by the trustee, the trustee may allow the trustee lessee or trustee permittee to remove the trustee lessee’s or trustee permittee’s improvements on the land within a reasonable time stated by the trustee.

(2)If a trustee lease or trustee permit is cancelled by the Minister, the Minister may allow the trustee lessee or trustee permittee to remove the trustee lessee’s or trustee permittee’s improvements on the land within a reasonable time stated by the Minister.

(3)If the improvements are not removed within the stated time, they become the property of the trustee.

67Power to mortgage trust land

(1)A trustee of a reserve must not mortgage the reserve.

(2)A trustee of a deed of grant in trust, issued before the commencement of this Act, may mortgage the deed of grant in trust.

(3)A trustee may also mortgage a deed of grant in trust issued after the commencement if the deed—

(a)was issued because of a surrender under section 358 and the deed being surrendered was issued before the commencement; or

Note—

Section 358 allows a registered owner or trustee to surrender land in certain circumstances in exchange for a new deed.

(b)was issued under section 493.

Note—

Section 493 deals with the automatic issue of new tenures under this Act.

(4)Despite subsections (2) and (3), a trustee may mortgage a deed of grant in trust only if the Minister has approved the mortgage.

(5)The Minister’s approval may be subject to conditions.

(6)Amounts raised by mortgaging trust land must be used on the trust land and for the purpose for which the trust was granted.

s 67 amd 2013 No. 23 s 352 sch 1 pt 1

68Mortgagee in possession

(1)If a trustee defaults under a mortgage over a deed of grant in trust, the mortgagee must give the Minister 28 days notice of the mortgagee’s intention to exercise its powers under the mortgage.

Maximum penalty—5 penalty units.

(2)A mortgagee must not sell a deed of grant in trust until payment has been made to the State of the amount of the unimproved value of the land on the day the notice was given under subsection (1).

(3)However, the Minister may allow a sale of the deed of grant in trust to proceed before payment of the amount of the unimproved value of the land is made, if the mortgagee gives the Minister security or an undertaking, to the Minister’s satisfaction, that payment of the amount will be made on completion of the sale.

69What is the unimproved value

(1)The Minister must decide the unimproved value in the way prescribed by regulation.

(2)The unimproved value must be calculated as if the land were not restricted by the trust.

(3)The mortgagee may appeal against the Minister’s decision.

s 69 amd 2014 No. 29 s 28

70Sale by mortgagee in possession

(1)If a mortgagee complies with section 68, the mortgagee may sell the deed of grant in trust.

Note—

Section 68 is about the notice a mortgagee in possession must give before exercising powers under the mortgage.

(2)The mortgagee must first offer the deed of grant in trust for sale by public auction.

(3)The deed of grant must not be offered for sale by public auction until at least 28 days after the mortgagee has published a notice, in the newspaper that has the largest circulation in the locality of the land, that the land is for sale.

(4)The mortgagee is authorised to sign a surrender of the deed of grant in trust.

s 70 amd 2013 No. 23 s 352 sch 1 pt 1

71Effect of sale

When the land is sold—

(a)the trust is at an end; and

(b)all appointments of trustees are cancelled from the day the land is sold; and

(c)the buyer is entitled to have a new deed of grant issued in the buyer’s name and released from the trust but subject to other registered encumbrances that have not been released; and

(d)the Minister may appoint a person under section 74 to sell other property or assets of the trust.

Note—

Section 74 is about how the Minister appoints a liquidator to wind up the affairs of a trust.

72Disposal of sale price

Anything remaining after the following amounts have been paid must be paid to the State—

(a)the amount of the unimproved value of the deed of grant in trust;

(b)the amount of the mortgage debt;

(c)the expenses incurred in selling the land;

(d)all other reasonable deductions.

73Application of division

This division applies to trusts of trust land.

74Minister may start winding up

(1)The Minister, by gazette notice (the liquidation notice), may appoint a person (the liquidator) to wind up the affairs of a trust if—

(a)the dedication of a reserve is revoked; or

(b)a deed of grant in trust is cancelled; or

(c)a deed of grant in trust is sold by a mortgagee in possession.

(2)The Minister must—

(a)give a copy of the liquidation notice to every person who has a registered interest in the trust land; and

(b)advise every trustee lessee and trustee permittee of the trust land of their rights to remove their improvements from the trust land.

s 74 amd 2007 No. 19 s 47

75Property vests in liquidator

(1)All the property of the trust and all the trustee’s powers and obligations that, immediately before the day the liquidation notice was published, were vested in the trustee, or someone else for the trustee, vest in the liquidator.

(2)However, a trustee lessee or trustee permittee may remove their improvements from the land if—

(a)the trustee lease or trustee permit gave the trustee lessee or trustee permittee the right to remove the improvements at the expiry of the lease; and

(b)the trustee lessee or trustee permittee removes the improvements within 28 days after the liquidation notice was published.

(3)To remove any doubt, it is declared that trust land is not part of the property of a trust.

76Sale of trust assets

(1)The liquidator must sell all the trust property and apply the proceeds of the sale towards payment of—

(a)firstly, the costs and expenses of the winding-up; and

(b)secondly, the amount owing to any mortgagee (other than a mortgagee under section 70) or, if more than 1 mortgagee, according to their priorities; and

Note—

Section 70 is about how a mortgagee in possession can sell a deed of grant in trust.

(c)thirdly, the debts and obligations of the trust.

(2)If an amount remains, the liquidator must pay the amount to the State for disposal as the Minister considers appropriate.

s 76 amd 2013 No. 23 s 352 sch 1 pt 1

77Trustees to help in winding-up

The trustees of the trust, and anyone else materially affected by the winding-up, must do all things necessary to help the winding-up.

Maximum penalty—5 penalty units.

78Winding-up may continue after revocation, cancellation or sale

The liquidator may continue to wind up the trust even if the—

(a)dedication of the reserve has been revoked; or

(b)deed of grant in trust has been cancelled; or

(c)trust land has been sold by the mortgagee in possession.

s 78 amd 2007 No. 19 s 48

79Cemetery registers

(1)The trustee of trust land for cemetery purposes must keep a register of all burials in the cemetery.

(2)The trustees must make the register available for public inspection at all reasonable times.

(3)If a trust for cemetery purposes is wound up, the register must be sent to the State archivist and held for public access.

80Trustee may remove structures

(1)A trustee may repair or remove structures, monuments or tombstones from a cemetery if the repair or removal is necessary for public health and safety.

(2) Subsection (1) is subject to the Queensland Heritage Act 1992 .

81Application to close or reopen cemetery

(1)The trustee of trust land for cemetery purposes may ask that a cemetery be closed to further burials.

(2)If the Minister is satisfied the cemetery should be closed, the Minister may close the cemetery by gazette notice.

(3) Subsection (2) does not affect a right to be buried in the cemetery if the right existed at the time of the closure.

(4)If asked by the trustees, the Minister, by gazette notice, may reopen the cemetery for burials.

(5)A cemetery that was closed under an Act that has been repealed may be reopened under this Act.

82Trustees may transfer trust to local government

The trustees of a cemetery may transfer their trusteeship to a local government—

(a)if the Minister, the trustee and the local government agree; and

(b)under the conditions agreed to between the parties.

83Exhumations

(1)If a local government has not made a local law about authorising the exhumation of human remains from trust land for cemetery purposes, the Minister, on the written application of a person, may give written approval to the exhumation of the human remains.

(2)A person improperly deals with human remains under the Criminal Code, section 236 if the person exhumes human remains from trust land for cemetery purposes other than under—

(a)an approval of the Minister; or

(b)a local law or another Act.

(3)To avoid any doubt, it is declared that in this section—

exhume includes take out of a place of interment, whether above or below ground.

s 83 amd 1997 No. 78 s 38

84Surrender of land still needed for a public purpose

(1)The trustees of land granted for an estate in fee simple for some community, public or similar purpose may apply to the Minister to surrender the land to the State, and for the issue of a deed of grant in trust under this Act for a community or public purpose, if—

(a)the land has been used for a public, community or similar purpose; but

(b)it is not known under what authority the trust was created over the land.

(2)If the Minister is satisfied that the trustees are deceased, untraceable, unknown or incapable of acting, a person in the community concerned may make the application.

85Surrender of land no longer needed for a public purpose

(1)The Minister is authorised to sign a surrender of land, if the Minister is satisfied—

(a)the land was granted for an estate in fee simple for some community, public or similar purpose; and

(b)the land has been used for the purpose; and

(c)the trustees of the land are deceased, untraceable, unknown or incapable of acting; and

(d)the land is no longer needed for a public, community or similar purpose.

(2)The surrendered land may be dealt with as unallocated State land.

86Public notice of proposed surrender

The Minister may accept the surrender of, or may sign a surrender of, land mentioned in this division if the Minister is satisfied—

(a)the land is not subject to an encumbrance that would prevent the land from being surrendered or, if the land is encumbered, the encumbrancee has given written approval to the surrender; and

(b)the interests of any occupiers have been taken into consideration; and

(c)notice of the intention to surrender has been adequately advertised in the gazette.

s 86 amd 2010 No. 12 s 164

87Effect of surrender

On the surrender of land under this division—

(a)the trust is at an end; and

(b)the land is released from the trust; and

(c)all appointments of trustees are cancelled; and

(d)all encumbrances are discharged.

88Dealing with land used as a cemetery

If land mentioned in this division was granted for cemetery purposes and the land has been used for burials or memorials, the Minister must dedicate the part of the land that has been used for cemetery purposes as a reserve for cemetery purposes.

89Survey of trust land

The Minister may require trust land to be surveyed, at the cost of the persons who are to be the trustees, before the land is dedicated or granted.

90Application of Acts to trustees

The Trusts Act 1973 and the Financial Accountability Act 2009 do not and are taken never to have applied to trustees and trusts under this part.

s 90 amd 2009 No. 9 s 136 sch 1

91Trustees taken to be owners for legal proceedings

A trustee under this part is taken, for legal proceedings, to be the owner of the trust land.

92Protection from liability

(1)A trustee appointed by the Minister under this part does not incur civil liability for an act done, or omission made, honestly and without negligence under this Act.

(2)If subsection (1) prevents a civil liability attaching to the trustee, the liability attaches instead to the State.

(3) Subsection (1) does not apply to a statutory or incorporated body.

93Meaning of road

(1)A road means an area of land, whether surveyed or unsurveyed—

(a)dedicated, notified or declared to be a road for public use; or

(b)taken under an Act, for the purpose of a road for public use.

(2)The term includes—

(a)a street, esplanade, reserve for esplanade, highway, pathway, thoroughfare, track or stock route; and

(b)a bridge, causeway, culvert or other works in, on, over or under a road; and

(c)any part of a road.

94Dedication of road

(1)The Minister may dedicate unallocated State land as a road for public use.

(2)A person may apply for the dedication of land as a road for public use.

(3)The Minister may dedicate land as a road for public use without receiving an application under subsection (2).

(4)Land may be dedicated as a road for public use by the registration of a dedication notice or a plan of subdivision.

(5)On the day the dedication notice or plan of subdivision is registered—

(a)the dedication of the land as a road for public use takes effect; and

(b)the land is opened for public use as a road.

s 94 sub 2007 No. 19 s 49 (amd 2007 No. 47 s 19)

95Roads vest in the State

The land in all roads dedicated and opened for public use under the following Acts vests in, or remains vested in, the State—

(a)this Act, or an Act repealed by this Act or repealed by the repealed Act;

(b)the Land Title Act 1994.

96Roads in existing leases are dedicated

(1)If a road is shown on an existing lease or an existing lease mentions a plan and the plan shows a road is excluded from the lease, the road is taken to have been always dedicated as a road and open for public use.

(2)If the width of the road is not shown on the lease or plan, the width is taken to be 60m.

(3)If a better description of the location of a road becomes available, the Minister, by gazette notice, may declare the location of the road is amended by the description stated in the notice.

97Clarification of road status

If there is doubt about whether or not land has been dedicated and opened for public use as a road, the Minister may refer the issue to the court for a decision.

97ADefinitions for div 2

In this division—

permanent road closure application means an application to permanently close a road under section 99 (1).

road closure application means—

(a)a permanent road closure application; or

(b)a temporary road closure application.

temporary road closure application means an application to temporarily close a road under section 99 (3).

def temporary road closure application amd 2013 No. 23 s 61

s 97A ins 2007 No. 19 s 50

98Closure of road

(1)If, after inquiry and notice the Minister considers appropriate, the Minister is satisfied a road is not needed, the Minister may—

(a)permanently close the road under division 4; or

(b)temporarily close the road by gazette notice.

(2)The Minister may permanently close the road without receiving an application under section 99 (1).

(3)A road is temporarily closed from the day the gazette notice is published.

s 98 amd 1995 No. 32 s 23 sch; 2000 No. 2 s 6; 2007 No. 19 s 51

99Application to close road

(1)An entity may apply for the permanent closure of a road if the entity is—

(a)a public utility provider; or

(b)an adjoining owner for the road.

(2)However, a public utility provider can not apply for the permanent closure of a road if the provider is a non-core utility provider.

(3)A person may apply for the temporary closure of a road if the person is—

(a)an adjoining owner for the road; or

(b)another person, if the closure of the road is only for allowing the person to make the structural improvements mentioned in section 104 (b) (ii) or (iii).

(4)An adjoining owner who makes a permanent road closure application may ask for the road, on its closure, to be amalgamated with the adjoining owner’s adjoining land.

(5) Subsection (6) applies if the adjoining owner under subsection (4) is a registered owner, other than as trustee under a deed of grant in trust, of the adjoining land and other land that would be adversely affected by the permanent closure of the road.

(6)The adjoining owner may ask in the application that, on the closure of the road, the road, the adjoining land and the other land be amalgamated.

(7)The Minister may refuse a road closure application if the Minister is satisfied—

(a)the road is the only dedicated access to a person’s land; or

(b)the road is, or may be, used regularly by the public as a road or stock route; or

(c)the road provides continuity to a road network.

s 99 amd 2000 No. 2 s 6

sub 2007 No. 19 s 52

amd 2013 No. 23 s 62

100Public notice of closure

(1)If the Minister is satisfied a road closure application should proceed, the Minister must—

(a)give appropriate public notice of the application; and

(b)make appropriate enquiries about the effect the closure would have.

(2)Alternatively, the Minister may accept appropriate public notice of the application and appropriate enquiries about the closure, that have been carried out by the applicant.

(3)However, appropriate public notice of a road closure application is not needed if—

(a)the road closure application is to close a no-through road; or

(b)the road closure application is to close part of a road by a volumetric format plan of subdivision and the closure will not adversely affect the part of the road being used as a road; or

(c)the road closure application is to close part of a road adjoining transport land and the closure will not adversely affect the part of the road being used as a road.

(4)Appropriate public notice includes the following information—

(a)that a person may object to the application;

(b)the closing day for objections;

(c)where the objection must be lodged.

(5)In this section—

appropriate enquiries includes notifying each registered owner and lessee whose land adjoins the road.

appropriate public notice includes—

(a)notification in the gazette; and

(b)placing and keeping a notice in a conspicuous place on or near the road.

no-through road means a road that—

(a)is closed at one end; and

(b)provides access to the land of only 1 adjoining owner for the road.

s 100 amd 2007 No. 19 s 53; 2009 No. 5 s 32; 2013 No. 23 s 352 sch 1 pt 1

101Minister to consider objections

(1)The Minister must consider all objections properly made to the proposed road closure.

(2)The Minister may approve the road closure application, with or without conditions, or refuse the application.

(3)However, the Minister must refuse the road closure application if the Minister is satisfied the road is still needed.

s 101 amd 2004 No. 4 s 16

102Changing application

In deciding an application, the Minister may change a road closure application in the way the Minister considers appropriate.

div 3 hdg sub 2000 No. 2 s 8

103Issue of road licence

(1)The Minister may issue a road licence over a temporarily closed road only to—

(a)an adjoining owner; or

(b)another person, if the road licence is only for allowing the person holding the licence to make structural improvements mentioned in section 104 (b) (ii) or (iii).

(2)However, the Minister need not issue the road licence only to the person who applied for the road closure.

s 103 amd 1998 No. 24 s 8; 2000 No. 2 s 9

104Conditions of issuing road licence

A road licence is subject to the following conditions—

(a)it must not contain a covenant, agreement or condition to renew the road licence, or to convert it to another form of tenure, or to buy the land;

(b)no more structural improvements are permitted on the road temporarily closed, other than the following—

(i)boundary fences;

(ii)pipes for irrigation purposes that cross the road beneath its surface;

(iii)water channels for irrigation purposes that cross the road;

(c)if the person holding the licence transfers or sells the land for the benefit of which the road licence is issued, the person must—

(i)also transfer the road licence to the new registered owner or lessee of the land; or

(ii)surrender the road licence at the time the sale is settled;

(d)any other conditions the Minister considers appropriate.

s 104 amd 1998 No. 24 s 9; 2000 No. 2 s 10

105Cancellation or surrender of road licence

(1)The Minister may cancel all or part of a road licence after giving the licensee reasonable notice of the Minister’s intention to cancel.

(2)No compensation is payable for the cancellation of a road licence.

(3)A licensee, with the Minister’s written approval, may surrender all or part of a road licence.

(4)If a road licence is cancelled or surrendered, any improvements on the road become the property of the State and no compensation is payable.

(5)However, the Minister may allow the licensee to remove any improvements within the time stated on the cancellation notice or the surrender approval.

(6)If a road licence is cancelled or surrendered, the road remains temporarily closed.

s 105 (prev s 106) renum 2000 No. 2 s 13

sub 2004 No. 4 s 17

amd 2013 No. 23 s 352 sch 1 pt 1

div 3A hdg ins 2000 No. 2 s 12

106Temporarily closed road still dedicated land

If a road is temporarily closed, the land comprising the road is still land that is dedicated as a road for public use even though the public can not use the road as a road until it is reopened.

s 106 (prev s 106A (orig s 105)) reloc and renum 2000 No. 2 ss 11, 13

107Reopening a temporarily closed road

The Minister, by gazette notice, may reopen a temporarily closed road.

div 4 hdg sub 2007 No. 19 s 54

108Permanent closure of road

(1)If the Minister permanently closes a road, the road is permanently closed by the registration of a plan of subdivision.

(2)The permanent closure of the road takes effect on the day the plan of subdivision is registered.

s 108 sub 2007 No. 19 s 54

109Closed road may be dealt with as lot or amalgamated with adjoining land

(1)If the Minister is satisfied a road being permanently closed is of adequate area, having regard to the location of the road and the use made of adjoining land, to be used as a lot, the road—

(a)must be shown as a lot on the plan of subdivision; and

(b)may be dealt with as unallocated State land.

(2)If the Minister is not satisfied under subsection (1), the road must be amalgamated with—

(a)adjoining unallocated State land; or

(b)if there is no adjoining unallocated State land—the land of an adjoining owner for the road.

s 109 amd 1998 No. 13 s 191 sch; 2000 No. 2 s 14

sub 2007 No. 19 s 54

109ASimultaneous opening and closing of roads—deed of grant

(1)A registered owner may apply for the simultaneous opening and closing of roads if—

(a)a road is being opened in the land (the relevant land) the subject of a deed of grant; and

(b)at the same time—

(i)a road within the boundaries of or adjoining the relevant land is being closed; or

(ii)a road within the boundaries of land (the additional land) the subject of another deed of grant is being closed and the additional land and the relevant land adjoin and are owned by the same registered owner; or

(iii)a road adjoining land (also the additional land) the subject of another deed of grant is being closed and the additional land and the relevant land adjoin and are owned by the same registered owner; and

(c)the road being opened is a replacement of the road being closed.

(2)The registered owner may ask that the following be included in a deed of grant issued under section 358—

(a)any severance of land created by the road being opened;

(b)the road being closed.

(3)A registered owner may appeal against any conditions the Minister imposes under section 420I.

(4)The Land Title Act 1994 , section 50, and the provisions of the Sustainable Planning Act 2009 about reconfiguring a lot do not apply to the replacement of a road under this section.

(5)In this section—

close, a road, means permanently close the road under section 108.

open, a road, means open for public use as a road under section 94.

s 109A ins 2007 No. 19 s 54 (amd 2007 No. 57 s 20)

amd 2009 No. 36 s 872 sch 2

109BSimultaneous opening and closure of roads—trust land or lease land

(1)A trustee or lessee may apply for the simultaneous opening and closure of roads if—

(a)a road is being opened in trust land or lease land (the relevant land); and

(b)at the same time a road within the boundaries of or adjoining the relevant land is being closed; and

(c)the road being opened is a replacement of the road being closed.

(2)If a trustee makes an application under subsection (1), the trustee may ask that the land in the road being closed be included in—

(a)if the trustee is the trustee under a deed of grant in trust—a deed of grant in trust issued under section 358; or

(b)if the trustee is the trustee of a reserve—the land dedicated as a reserve under section 31A.

(3)If a lessee makes an application under subsection (1), the lessee may ask that the land in the road being closed—

(a)if the lease is a freeholding lease—be amalgamated with the lease land under section 360 (1) (e); or

(b)if the lease is a term lease, other than a State lease, or a perpetual lease—be amalgamated with the lease land under section 360A (2) (d).

(4)A trustee or lessee may appeal against any conditions the Minister imposes under section 420I.

(5)The Land Title Act 1994 , section 50, and the provisions of the Sustainable Planning Act 2009 about reconfiguring a lot do not apply to the replacement of a road in a deed of grant in trust under this section.

(6)In this section—

close, a road, means permanently close the road under section 108.

open, a road, means open for public use as a road under section 94.

s 109B ins 2007 No. 19 s 54 (amd 2007 No. 57 s 20)

amd 2009 No. 36 s 872 sch 2

109CBuying or leasing land if closed road amalgamated with adjoining land

(1)This section applies if—

(a)land must be amalgamated under section 109 (2) (b); or

(b)a registered owner has asked for an amalgamation of land under section 109A (2); or

(c)a lessee has asked for an amalgamation of land under section 109B (3).

(2)Before the road is permanently closed, the road must be—

(a)sold to 1 or more adjoining owners who are registered owners or lessees who have freeholding leases; or

(b)with or without the payment of a premium as the Minister considers appropriate—leased to 1 or more adjoining owners who are lessees, other than lessees of freeholding leases.

(3) Subsection (2) does not apply to an adjoining owner who is a trustee of trust land.

(4)The Minister must decide the purchase price or the cash premium in the way prescribed by regulation.

s 109C ins 2007 No. 19 s 54

amd 2014 No. 29 s 29

div 5 hdg prev div 5 hdg om 2007 No. 19 s 54

pres div 5 hdg (prev div 6 hdg) renum 2007 No. 19 s 55

110Minister may build roads

(1)The Minister may authorise the building and maintenance of a road serving land made or to be made available under this or another Act.

(2)The Minister, and a person acting under the Minister’s authority, has the same liability, and the same duties, as a local government for a matter under this division.

(3)If the Minister authorises a road to be built, it must be built to at least the standard applying to similar roads in the local government area.

111When road comes under local government control

(1)After a road, authorised by the Minister, has been built, the Minister may fix a day from which the Local Government Act 2009 applies to the road.

(2)From the day fixed—

(a)a regulation made for a purpose relating to the building of the road stops applying to the road; and

(b)the Local Government Act 2009 applies to the road as if it had been built by the relevant local government.

s 111 amd 2009 No. 17 s 331 sch 1

112Interests in land available by auction, tender or ballot

The following interests in land may be made available by public auction, tender or ballot—

(a)an estate in fee simple;

(b)a lease of, or permit over, unallocated State land;

(c)a term lease of, or permit over, a reserve.

s 112 amd 1997 No. 78 s 39

113Public notice of availability to be given

(1)The Minister must advertise the intention to make an interest in land available by auction, tender or ballot.

(2)The advertisement must be—

(a)before the auction, tender or ballot takes place; and

(b)in the gazette (the sale notice).

s 113 amd 2010 No. 12 s 165

114Information to be included in sale notice

(1)The sale notice must include the following information—

(a)the conditions of the auction, tender or ballot;

(b)the conditions attaching to the interest being made available;

(c)any restrictions on eligibility to bid, tender or take part in the ballot;

(d)the time and place where the auction will be held;

(e)other appropriate information about the auction, tender, ballot or interest.

(2)If the sale notice is for a ballot or a sale by tender, it must also include the following information—

(a)the closing day for applications;

(b)the time and place for lodging applications.

115Conditions of sale

(1)The following conditions apply to a sale by public auction—

(a)the highest bid at auction that is at least the reserve price or the reserve cash premium is the sale price;

(b)the deposit and other fees or payments, for survey or improvements, must be paid within the time stated in the sale notice;

(c)the buyer must be eligible to hold the interest under this Act and meet all other restrictions stated in the sale notice;

(d)the appropriate forms must be completed and lodged within the time stated in the sale notice.

(2)If the interest sold is a lease or permit—

(a)the amount bid at auction does not include the rent stated in the sale notice; and

(b)the rent stated is payable in the usual way.

(3)If the interest sold is a lease of rural leasehold land and the Minister is satisfied the land suffers from, or is at risk of, land degradation, the sale notice—

(a)may include a requirement that the proposed lessee enter into a land management agreement for the lease; and

(b)if a requirement as mentioned in paragraph (a) is included—must state that the lease will be issued subject to the condition that the lessee must comply with the agreement.

s 115 amd 2007 No. 19 s 56; 2013 No. 23 s 63; 2014 No. 29 s 30

116Interests in land may be sold after auction

(1)If an interest in land is not sold at public auction, the interest may be sold—

(a)by accepting the best offer made after the auction that is at least the reserve price or reserve cash premium; or

(b)by reducing the reserve, advertising the reduced reserve and accepting the best offer that is at least the new reserve price or new reserve cash premium.

(2)The conditions of sale stated in the sale notice also apply to the sale.

(3)The advertisement may be made in the same way as the advertisement for the auction.

s 116 amd 2010 No. 12 s 166

117Interest may be withdrawn from auction, tender or ballot

Even if an interest in land has been advertised for ballot or sale by public auction or tender, the interest may be withdrawn from sale by the Minister—

(a)before it is auctioned, before the closing day of tenders or before a ballot is conducted; or

(b)if not sold—after the auction.

118Appeal against exclusion from ballot or tender

(1)Before a ballot is conducted or a tender concluded, the Minister must give each applicant a notice advising whether or not they are to be included in the ballot or tender.

(2)If the Minister decides to exclude a person from a ballot or tender, the person must be given notice of the decision and the reasons for the decision.

(3)An applicant who has been advised he or she is excluded from a ballot or tender may appeal against the decision to exclude the applicant.

(4)The ballot or tender may proceed—

(a)if no appeal has been lodged—after the last day for lodging an appeal; or

(b)if an appeal has been lodged—after the appeal has been decided.

s 118 amd 2013 No. 23 s 352 sch 1 pt 1

119Conduct of ballot

A ballot must be conducted in the way prescribed under the regulations.

120Offer to winner of ballot or tender

(1)The winner of a ballot or tender must be made an offer on the terms stated in the sale notice.

(2)If the offer is refused—

(a)the applicant’s deposit is forfeited to the State; and

(b)the Minister may—

(i)otherwise deal with the land under this Act; or

(ii)if the offer was made because of a ballot—reballot the land.

(3)Only the applicants included in the earlier ballot, other than the applicant who refused the offer, are to be included in the reballot.

(4)An applicant who is eligible to be included in the reballot, by notice to the Minister, may withdraw from the reballot.

s 120 amd 2013 No. 23 s 352 sch 1 pt 1

120AApplying for interest in land without competition

(1)A person may apply for an interest in land that, under this division, may be granted without competition.

(2)If, under this division, the Minister decides to offer the interest, the interest may be offered to the applicant subject to conditions.

(3)If a conditional offer is made, the offer is accepted only if the applicant complies with all of its conditions.

s 120A ins 2007 No. 19 s 57

121Leases of unallocated State land

(1)A lease of unallocated State land may be granted without competition if—

(a)the land is needed for a public purpose; or

(b)the Minister decides—

(i)the land is not needed for a public purpose; and

(ii)the intended use is the most appropriate use of the land; and

(iii)exposure to public competition is inappropriate or 1 or more of the priority criteria apply.

(2)To remove any doubt, it is declared that a lease may be granted to the State, without competition.

122Deeds of grant of unallocated State land

(1)A deed of grant of unallocated State land may be granted without competition if the grant is to MEDQ or if the Minister decides—

(a)the land is not needed for a public purpose; and

(b)the intended use is the most appropriate use of the land; and

(c)1 or more of the priority criteria apply.

(2)A deed of grant of unallocated State land may be granted without competition to a constructing authority if the Minister decides the land is needed for a public purpose.

(3)The Minister must decide the purchase price for the land in the way prescribed by regulation.

s 122 amd 2004 No. 4 s 18; 2007 No. 19 s 58; 2007 No. 41 s 234; 2012 No. 43 s 221 sch 1; 2014 No. 29 s 31

123Priority criteria

For sections 121 and 122—

priority criteria are—

(a)the applicant is an adjoining registered owner or lessee, and selling or leasing to anyone else would be considered inequitable; or

(b)no other persons are likely to be interested in obtaining the land; or

(c)the applicant held a significant interest in the land before it became unallocated State land; or

Example of significant interest—

a deed of grant in trust or a long term lease

(d)there is no dedicated access and the only practical access is through the applicant’s land.

s 123 amd 2004 No. 4 s 19

124Leases of State forests and national parks

If land has been surrendered by a person and has been reserved as State forest or dedicated as national park, the person may be granted, without competition, a lease over all or part of the forest or park.

125Deeds of grant in trust and leases over reserves

(1)A deed of grant in trust may be granted without competition.

(2)A lease of a reserve may be granted without competition.

126Strategic port land

(1)If land having a tidal boundary or right line tidal boundary is needed as strategic port land for a port authority, the port authority may be given, without competition, either a lease or deed of grant.

(2)However, if land that is on the same side of a boundary that is a tidal boundary or right line tidal boundary as the water subject to tidal influence is needed as strategic port land for a port authority, the port authority may be given, without competition, only a lease.

s 126 amd 2010 No. 12 s 167

127Reclaimed land

(1)If a person has reclaimed land under the authority of an Act—

(a)the Governor in Council may issue to the person, without competition, a deed of grant over all or part of the land; or

(b)the Minister may issue to the person, without competition, a lease over all or part of the land.

(2)When granting the reclaimed land, the Governor in Council or Minister may amalgamate the land granted with an adjoining tenure held by the person.

(3)If the reclaimed land is already held under lease, the lease must be surrendered before a new lease or deed of grant is issued.

(4)If a deed of grant or lease is issued over only part of the reclaimed land, the rest of the land must be dedicated as a reserve or a road.

(5)If the reclaimed land is dedicated as a reserve and the person who reclaimed the land wishes to be the trustee of the reserve, the Minister must appoint the person as the trustee.

(6)If a deed of grant is issued, the purchase price is—

(a)the purchase price stated in the permission to reclaim the land or in the lease; or

(b)if no purchase price is stated—the amount of the unimproved value of the land, on the day the permission to reclaim the land was given, decided by the Minister in the way prescribed by regulation.

(7)The person may appeal against the Minister’s decision on the amount of the unimproved value.

s 127 amd 2007 No. 19 s 59; 2014 No. 29 s 32

127AAmalgamation may be a condition

A condition of an offer under this division may be that the land being offered must be amalgamated with or tied to other land already owned by the person to whom the land is offered.

Note—

A deed of grant amended because of an allocation without competition is issued under section 358. A lease amended because of an allocation without competition is amended under section 360.

s 127A (prev s 131) renum and reloc 2010 No. 12 s 106

amd 2013 No. 23 s 352 sch 1 pt 1

div 2A hdg ins 2010 No. 12 s 103

128Meaning of significant development

A significant development is a development that will—

(a)have a significant impact on the environment or the economic and social development of a locality, a region or the State; and

(b)involve a high level of investment, a substantial development period and lease conditions requiring extensive development.

129Lease for significant development

(1)This section applies if—

(a)an interest in a lease for a significant development is made available to a person under division 1; or

(b)under division 2, a person applies for a lease for a significant development.

(2)Before the lease is granted, the chief executive must obtain an independent assessment of the person’s financial and managerial capabilities.

(3)The person must pay the cost of the assessment.

(4)The cost is not refundable.

(5)The lease must not be granted to the person unless the chief executive is satisfied, having regard to the independent assessment, about the person’s financial and managerial capabilities.

s 129 amd 2007 No. 19 s 60

sub 2010 No. 12 s 104

129AFurther dealings with lease land on completion of significant development

(1)The Minister may include the following in a lease for significant development—

(a)a purchase price, or formula for calculating the purchase price, if the land is converted to freehold land;

(b)the term of a new lease for operating and maintaining the significant development, if a new lease is granted.

(2)If a price, formula or term mentioned in subsection (1) is included in the lease, the lessee may, after the significant development is substantially complete, apply to the Minister to purchase the lease land or enter a new lease to operate and maintain the significant development.

(3)If the Minister is satisfied the lessee has complied with the terms of the lease, the Minister must—

(a)for an application to purchase the land—ask the Governor in Council to grant the land in fee simple to the lessee; or

(b)for an application for a new lease—grant the application.

(4)If a deed of grant or new lease is issued over part of the land the subject of a significant development lease, the rest of the land must be dedicated as a reserve or road.

s 129A ins 2010 No. 12 s 104

130Transfer of lease for significant development

(1)If a lease issued for a significant development is to be transferred, the Minister may obtain an independent assessment of the transferee’s financial and managerial capabilities before considering whether or not the transfer should be approved.

(2)The transferee must pay the cost of the assessment.

(3)The cost is not refundable.

130AChange of financial and managerial capabilities of lessee of lease for significant development

(1)The Minister may make a note under this section in the appropriate register against a lease under this division if—

(a)in relation to the lease, there has been an independent assessment of at least 1 of the following—

(i)under section 129, an applicant’s financial and managerial capabilities;

(ii)under section 130, a transferee’s financial and managerial capabilities; or

(b)if paragraph (a) does not apply in relation to the lease—the Minister is satisfied the lease is a lease for a significant development.

(2)Before acting under subsection (1), the Minister must give the lessee at least 14 days notice of the Minister’s intention to make the note.

(3)The lessee of a relevant lease—

(a)must notify the Minister in the approved form as soon as practicable after there is a relevant change to the lessee; and

(b)must ensure that the notice to the Minister is accompanied by enough information about the relevant change to allow the Minister to decide whether an independent assessment of the financial and managerial capabilities of the lessee should be performed.

(4)The Minister may cause an independent assessment of the financial and managerial capabilities of a lessee of a relevant lease to be performed if—

(a)the lessee notifies the Minister under subsection (3); or

(b)the Minister is satisfied on reasonable grounds that the lessee should have notified the Minister under subsection (3) but has not done so.

(5)To remove any doubt, it is declared that, for section 234 (c), the lessee of a lease contravenes a provision of this Act in relation to the lease, and the lease may accordingly be forfeited under chapter 5, part 4, if—

(a)the lease is a relevant lease; and

(b)the lessee contravenes subsection (3).

(6)Further, a lease may be forfeited under chapter 5, part 4 as if the lessee had contravened a provision of this Act in relation to the lease if all of the following circumstances apply—

(a)the lease is a relevant lease;

(b)an independent assessment of the financial and managerial capabilities of the lessee of the lease is performed under subsection (4);

(c)as a result of the assessment, the Minister is satisfied on reasonable grounds that—

(i)there has been a relevant change to the lessee; and

(ii)the relevant change can reasonably be expected to detrimentally affect the capacity of the lessee of the lease to meet the lessee’s obligations under the lease.

(7)If an independent assessment of the financial and managerial capabilities of a lessee of a relevant lease is performed under subsection (4)—

(a)the Minister may give to the person performing the assessment any information given to the Minister under subsection (3) (b) by the lessee; and

(b)the lessee must pay the costs of the assessment; and

(c)the cost is not refundable.

(8)If the Minister makes a note under this section against a lease—

(a)notice of the decision and the reasons for the decision must be given to the lessee; and

(b)the lessee may appeal against the decision.

(9)The Minister may remove a note made under this section against a lease if, having regard to the significant development to which the lease relates, the Minister considers its removal is appropriate in all the circumstances.

Example—

The Minister might remove a note if the Minister considers development required to be undertaken under the lease is complete or substantially complete.

(10)In this section—

relevant change, to a lessee of a relevant lease, means a change of substance in the financial and managerial capabilities of the lessee.

Examples of relevant changes to a lessee—

1There is a change in the control of the lessee because of a share transaction involving the lessee or a holding company of the lessee, and the persons now directing the operations of the lessee do not have knowledge or experience in the lessee’s operations that relate to the relevant lease.

2Receivers are appointed for the lessee.

relevant lease means a lease noted in the register under subsection (1).

s 130A ins 2007 No. 19 s 61

amd 2013 No. 23 s 352 sch 1 pt 1

132Granting additional areas

(1)A registered owner or lessee may be granted, without competition, a perpetual or term lease (an additional area) of unallocated State land for agriculture or grazing if the registered owner or lessee’s land is being used for agriculture or grazing.

(2)Unallocated State land must not be made available as an additional area if the land is more than a living area.

133Who is eligible for additional areas

A person is eligible for an additional area only if the person—

(a)has demonstrated a duty of care in the management of their land; and

(b)is financially capable of fulfilling the conditions of the lease of the additional area; and

(c)is otherwise qualified under this Act to hold the additional area; and

(d)needs the additional area for property build-up.

134Issues the Minister must consider

The Minister must consider the following issues before making an offer of an additional area—

(a)who is eligible for the additional area;

(b)the appropriate size of the additional area;

(c)any special conditions appropriate to the additional area;

(d)if more than 1 person meets the criteria—the need for a ballot to decide who should be offered the additional area;

(e)any related issues.

135Committee of review to help Minister

The Minister may appoint a committee of review to help in making a decision to offer an additional area.

136Conditions of offer and lease

(1)A condition of an offer of an additional area may be that the additional area must be amalgamated or tied with other land already owned by the person to whom the offer is made.

(2)If a condition of the offer is that the additional area must be tied to freehold land, a condition of the lease for the additional area is that the freehold land must continue to be used for agriculture or grazing.

(3)If there are improvements on the additional area, the Minister may require, as a condition of the offer, that the person must buy the improvements.

(4)If the person accepts the offer, the person must pay the value of the improvements under section 139.

(5)If the Minister is satisfied the additional area suffers from, or is at risk of, land degradation, the Minister may require, as a condition of the offer, that the proposed lessee must enter into a land management agreement for—

(a)the additional area; and

(b)if the offer includes a condition mentioned in subsection (1) and the condition requires the additional area to be amalgamated or tied with lease land under another lease—the lease land under the other lease.

(6)If the offered lease is issued and a condition of the offer is a requirement mentioned in subsection (5), the lease is subject to the condition that the lessee must comply with the land management agreement.

s 136 amd 2007 No. 19 s 62; 2013 No. 23 s 64; 2014 No. 29 s 33

137Right to occupy

(1)If there are improvements the property of the State, or a previous lessee, on land leased or sold under this Act, the incoming lessee or buyer is not entitled to occupy or enter into possession of the land until—

(a)the lessee or buyer has paid the amount of the value of the improvements; or

(b)the Minister permits the lessee or buyer to do so.

(2)If there are no improvements, a lessee or buyer from the State is entitled to occupation and possession of the land from—

(a)if a lease—the day the lease starts, or an earlier day allowed by the Minister; or

(b)the day the sale is completed.

138Default

(1)If land has been made available to a person, the person defaults if—

(a)the appropriate forms are not completed and lodged within the required time; or

(b)the amount to be paid for the interest in the land and the improvements is not paid within the time stated in the offer and in any written agreement under section 140.

(2)If a person defaults, the deed, lease, licence or permit must not be issued and any amount paid is forfeited.

(3)However, if the Minister is satisfied there was a reasonable excuse for the default, the Minister may refund the amount paid.

138ARestriction on commencement of lease or permit

A lease or permit under this part must not start until—

(a)for a lease or permit sold under this part—the buyer complies with all of the conditions of sale; or

(b)for a lease or permit offered under this part—the offeree complies with all of the conditions of the offer.

s 138A ins 2007 No. 19 s 63

139Improvements to be bought by incoming lessee or buyer

(1)If there are improvements, the property of the State or a previous lessee, on land to be leased or bought under this Act, the value of the improvements must be stated in the offer or in the sale notice.

(2)The value of the improvements is the value on the day the offer was made or the sale notice was published.

(3)The value of the improvements may be—

(a)not negotiable; or

(b)negotiable (the provisional value).

(4)The incoming buyer or lessee must pay the State the value of improvements within the time stated in the offer or the sale notice, whether or not a provisional value is to be negotiated.

140Provisional value may be negotiated

(1)If a provisional value has been stated in an offer or sale notice, the value may be negotiated (the negotiated value) between the buyer and previous lessee.

(2)With the written agreement of the buyer and previous lessee, the negotiated value becomes the amount to be paid for the improvements.

(3)Any difference between the provisional value and the negotiated value must be paid or refunded within the time stated in the written agreement.

(4)If the buyer and previous lessee can not agree on a negotiated value, either party may make application to the court to decide the value.

(5)To decide the value of the improvements, the court must decide each of the following amounts—

(a)the amount that fairly represents the value of the improvements to a prudent buyer, having regard to the buyer’s proposed use of the land;

(b)the amount that fairly represents the cost of constructing the improvements, adjusted to allow for depreciation of the improvements since construction.

(6)The value mentioned in subsection (5) (a) is the value on the day the offer was made or the sale notice was published.

(7)The cost mentioned in subsection (5) (b) is the cost on the day the court decides the value of the improvements.

(8)If the amount decided under subsection (5) (a) is equal to or less than the amount decided under subsection (5) (b), the value of the improvements is the amount decided under subsection (5) (a).

(9)If the amount decided under subsection (5) (a) is more than the amount decided under subsection (5) (b), the value of the improvements is the amount decided under subsection (5) (b).

(10)The value of the improvements decided by the court under subsections (5) to (9) becomes the negotiated value.

s 140 amd 1997 No. 78 s 40

141Payment of survey fee

If a survey of land has been carried out by the State or will be carried out by the State to make or in making the land available, the State may require the buyer to pay the survey fee stated in the offer or sale notice or to pay the actual cost of survey.

pt 2 hdg sub 2014 No. 29 s 34

ch 4 pt 2 div 1 hdg om 2014 No. 29 s 34

ch 4 pt 2 div 2 hdg om 2014 No. 29 s 34

142Minors not to hold land

An individual is eligible to apply for, buy or hold land under this Act only if the individual is an adult.

s 142 sub 2014 No. 29 s 34

143Departmental officers not to hold land without approval

An officer of the department is not eligible to acquire land under part 1 without the Minister’s written approval.

s 143 sub 2014 No. 29 s 34

ch 4 pt 3 div 1D hdg ins 2010 No. 12 s 112

om 2011 No. 25 s 101

153Lease must state its purpose

A lease must state the purpose for which it is issued.

Note—

See also sections 16 (1) (Deciding appropriate tenure) and 199A (Land may be used only for tenure’s purpose).

s 153 sub 2007 No. 19 s 65

154Minister may approve additional purposes

(1)The Minister may approve an application by a lessee that a lease be used for additional or fewer purposes.

(2)However, the Minister may approve an application by a lessee that a lease be used for an additional purpose only if—

(a)the additional purpose is complementary to, and does not interfere with, the purpose for which the lease was originally issued; or

(b)the additional purpose relates to the production of energy from a renewable source, including, for example, the sun or wind.

(3)If the application is approved, the lessee must be given notice of—

(a)the approval; and

(b)any change of rental category; and

(c)whether or not there will be an increase or decrease in the rental for the remainder of the current rental period; and

(d)if additional rent is payable—the time by which the additional rent must be paid; and

(e)whether and in what way the lessee should apply under section 210 to change the conditions of the lease, having regard to the proposed purposes for which the lease is to be used.

(4)The application must be accompanied by the written consent of all persons with a registered interest in the lease.

(5)However, consent under subsection (4) must not be unreasonably withheld.

(6)To remove any doubt, it is declared that an application under subsection (1) may be both for the addition of 1 or more purposes and for the removal of 1 or more purposes.

(7)If the lessee agrees with the matters notified under subsection (3) (b) to (d), and there is no associated change of conditions proposed under section 210, the purposes of the lease, as changed, must be registered.

(8)If the lessee agrees with the matters notified under subsection (3) (b) to (d), and the Minister and the lessee have agreed under section 210 to any associated change of conditions proposed under that section, the purposes of the lease, as changed, must be registered in conjunction with the registration of the change of conditions.

(9)A change in the purposes of a lease is binding from the day the purposes, as changed, are registered.

s 154 amd 2007 No. 19 s 66; 2009 No. 46 s 114; 2013 No. 23 s 352 sch 1 pt 1

div 1A hdg ins 2010 No. 12 s 106

155Length of term leases

(1)A term lease must not be issued for more than 50 years.

(2)However, a term lease may be issued for up to 100 years if it is for—

(a)a significant development or the operation and maintenance of a significant development; or

(b)a timber plantation; or

(c)a development that involves existing improvements that in the opinion of the Minister have required a high level of investment.

s 155 amd 1997 No. 41 s 4; 2007 No. 19 s 67 (amd 2007 No. 48 s 40); 2010 No. 12 s 107; 2013 No. 2 s 120; 2013 No. 23 s 65; 2014 No. 29 s 35

div 1B hdg ins 2010 No. 12 s 108

155AA Application of div 1B

(1)This division applies to a term lease if—

(a)the lease is for rural leasehold land; and

(b)the lease land is 1000ha or more; and

(c)the term is 20 years or more; and

(d)there is a land management agreement for the lease; and

(e)more than 5 years have passed since the lease was entered into or the land management agreement was first registered, whichever is the later, unless the Minister is satisfied that special circumstances exist; and

(f)no more than 80% of the existing term of the lease has expired.

(2)However, this division does not apply to a rolling term lease whose term has been extended under division 2, subdivision 3.

(3)In this section—

existing term, of the lease, does not include any extension of the lease granted under section 155A, 155B or 155BA.

s 155AA ins 2010 No. 12 s 108

amd 2013 No. 23 s 66; 2014 No. 29 s 36

155A Extensions for a term of up to 40 years

(1)This section applies to a lease if—

(a)the term of the lease is less than 40 years; and

(b)the land management agreement for the lease contains a commitment by the Minister to extend the lease under this section; and

(c)the lease has not already been extended under this section.

(2)The lessee may apply to extend the lease.

(3)The Minister may grant the application and extend the lease if the Minister is satisfied—

(a)the lease land is in good condition; and

(b)the lessee has complied with the land management agreement and any requirements under it for the granting of the extension.

(4)However, the term of the extension—

(a)can not be for more than 10 years; and

(b)must not extend the term of the lease beyond 40 years.

s 155A ins 2007 No. 19 s 68

sub 2010 No. 12 s 108

155B Extensions for a term of up to 50 years

(1)This section applies to a lease if—

(a)the term of the lease is less than 50 years, including any extension of the term under section 155A; and

(b)the land management agreement for the lease contains a commitment by the Minister to extend the lease if either or both of the following circumstances apply—

(i)if the Minister considers land (the relevant land) that is all or part of the lease should be the subject of a conservation agreement or conservation covenant—a conservation agreement has been entered into, or a conservation covenant exists, for the relevant land;

(ii)if the Minister considers it is appropriate for there to be an indigenous cultural interest for all or part of the lease land—the lease land is subject to an indigenous cultural interest; and

(c)the lease has not already been extended under this section.

(2)The lessee may apply to extend the lease.

(3)The Minister may grant the application and extend the lease if the Minister is satisfied—

(a)the lease land is in good condition; and

(b)the lessee has complied with any land management agreement and any requirements under it for the granting of the extension; and

(c)the lessee has complied with the following for the lease land—

(i)any conservation agreement, or conservation covenant;

(ii)any approved agreement for an indigenous cultural interest; and

(d)the extension is appropriate, having regard to either or both of the following for the lease land—

(i)the terms of any conservation agreement or conservation covenant;

(ii)the terms of any approved agreement for an indigenous cultural interest.

(4)However, the extension—

(a)can not be for more than 10 years; and

(b)must not extend the term of the lease beyond 50 years.

(5)If an extension is granted for a lease under this section at the same time as an extension for the lease is granted under section 155A—

(a)for subsection (4) (b), the term of the lease includes the extension granted under section 155A; and

(b)the extension granted under this section starts on the day after the day the extension granted under section 155A ends.

s 155B ins 2007 No. 19 s 68

sub 2010 No. 12 s 108

amd 2013 No. 2 s 121

155BA Extensions for a term of up to 75 years

(1)This section applies to a lease if—

(a)the term of the lease is less than 75 years, including any extension of the term under section 155A or 155B; and

(b)the land management agreement for the lease contains a commitment by the Minister to extend the lease if the following circumstances apply—

(i)if the Minister considers land (the relevant land) that is all or part of the lease should be the subject of a conservation agreement or conservation covenant—a conservation agreement has been entered into, or a conservation covenant exists, for the relevant land;

(ii)the lease land is subject to an indigenous cultural interest; and

(c)all or part of the lease land (the declared land) is an area of international conservation significance under the Cape York Peninsula Heritage Act 2007 ; and

(d)the lease has not already been extended under this section.

(2)The lessee may apply to extend the lease.

(3)The Minister may grant the application and extend the lease if the Minister is satisfied—

(a)the lease land is in good condition; and

(b)the lessee has complied with the land management agreement and any requirements under it for the granting of the extension; and

(c)the lessee has complied with any conservation agreement or conservation covenant applying to all or part of the lease land; and

(d)the lessee has complied with the approved agreement for the indigenous cultural interest for the lease land; and

(e)the extension is appropriate, having regard to any or all of the following for the lease land—

(i)the terms of any conservation agreement or conservation covenant;

(ii)the terms of the approved agreement for the indigenous cultural interest;

(iii)the size of the declared land.

(4)However, the term of the extension—

(a)can not be for more than 25 years; and

(b)must not extend the term of the lease beyond 75 years.

(5)If an extension is granted for a lease under this section at the same time as an extension is granted for the lease under section 155A or 155B—

(a)for subsection (4) (b), the term of the lease includes the extension granted under section 155A or 155B; and

(b)the extension granted under this section starts on the day after the day all extensions granted under sections 155A and 155B end.

s 155BA ins 2010 No. 12 s 108

amd 2013 No. 2 s 122

155C Registering and taking of effect of extension

(1)This section applies if, under section 155A, 155B or 155BA, the Minister extends a term lease.

(2)The extension must be registered as soon as practicable after it is made.

(3)The extension has effect from the day it is registered.

(4)No fee is payable for registering the extension.

s 155C ins 2007 No. 19 s 68

amd 2010 No. 12 s 109

div 1C hdg ins 2010 No. 12 s 110

155CA Non-application of division to particular term leases

This division does not apply to a rolling term lease whose term has been extended under division 2, subdivision 3.

s 155CA ins 2014 No. 29 s 37

155D When Minister may reduce

(1)This section applies to a term lease for rural leasehold land granted for a term as provided for in repealed section 155 (4), (5) or (6) or extended under section 155A, 155B or 155BA, if any of the following happens (each a relevant circumstance)—

(a)if, when the lease was granted or extended, the Minister was satisfied the land was in good condition—the Minister considers the land is no longer in good condition;

(b)if a conservation covenant existed or a conservation agreement had been entered into for the land when the lease was granted or extended—

(i)the covenant or agreement ceases to be in effect for the land; or

(ii)the Minister considers the lessee has not complied with the terms of the covenant or agreement;

(c)if the lease land was subject to an indigenous cultural interest when the lease was granted or extended—

(i)the interest ceases to be in effect for the land; or

(ii)the Minister considers the lessee has not complied with the terms of the approved agreement for the interest;

(d)for a lease granted for a term of up to 75 years under repealed section 155 (6) or extended under section 155BA—all or any part of the land ceases being an area of international significance under the Cape York Peninsula Heritage Act 2007 .

(2)Subject to sections 155DA and 155E, the Minister may reduce the term of the lease by the number of years the Minister considers appropriate, having regard to the maximum term for which the lease would have been granted or extended if the relevant circumstance had existed at the time of the grant or extension.

(3)However, the Minister can not reduce the term by an amount that results in the lease no longer having an unexpired term.

(4)In this section—

repealed, in relation to a provision, means as in force before the commencement of this definition.

term, of a lease, includes any extension of the term of the lease under section 155A, 155B or 155BA, whether or not the extended term has commenced.

s 155D ins 2007 No. 19 s 68

sub 2010 No. 12 s 110

amd 2013 No. 2 s 123; 2014 No. 29 s 38

155DA Notice of intention to reduce term

(1)This section applies if the Minister proposes to reduce the term of a lease under section 155D.

(2)However, this section does not apply to a lease if—

(a)the lease has been extended under section 155A, 155B or 155BA; and

(b)the Minister proposes to reduce the term of the lease by an amount that is no more than the period for which it was extended.

(3)Before reducing the term, the Minister must give the lessee a notice stating each of the following—

(a)that the Minister proposes to reduce the term of the lease;

(b)the number of years by which the Minister proposes to reduce the term;

(c)the reasons for the Minister’s proposal to reduce the term;

(d)that the lessee may, within the reasonable period stated in the notice, make written submissions to show why the term should not be reduced.

(4)In deciding whether to reduce the term, the Minister must consider any written submissions made by the lessee within the period stated in the notice.

s 155DA ins 2010 No. 12 s 110

155EProvisions about reduction

(1)This section applies if—

(a)the Minister decides under section 155D to reduce the term of a term lease; and

(b)for a reduction to which section 155DA applies—the Minister has complied with that section.

(2)Notice must be given to the lessee of the decision and the reasons for it.

(3)The lessee may appeal against the decision.

(4)The reduction must be registered as soon as practicable after the appeal expiration day for the decision.

(5)The reduction has effect from the day it is registered.

(6)No fee is payable for registering the reduction.

(7)No compensation is payable by the State for the reduction.

s 155E ins 2007 No. 19 s 68

amd 2010 No. 12 s 111; 2013 No. 23 s 352 sch 1 pt 1

div 2 hdg sub 2014 No. 29 s 39

sdiv 1 hdg ins 2014 No. 29 s 39

157Expiry of lease

(1)A lessee’s right to possession of lease land ends on the day the lease expires, but does not end if the lease is renewed before it expires or its term is extended.

(2)Subject to chapter 5, part 5 and the conditions of a lease, the improvements on the lease become the property of the State when the lease expires.

Note—

Chapter 5, part 5 is about payments that may be made to outgoing lessees for improvements on a lease.

s 157 amd 2013 No. 23 s 352 sch 1 pt 1; 2014 No. 29 s 40

sdiv 2 hdg ins 2014 No. 29 s 41

157AA Limited application of sdiv 2

This subdivision does not apply to a rolling term lease.

s 157AA ins 2014 No. 29 s 41

157AChief executive’s approval required for renewal

(1)A term lease may be renewed only if—

(a)the lessee has made an application under section 158; and

(b)under this subdivision, the chief executive has made an offer of a new lease and the offer has been accepted.

(2) Subsection (1) is subject to section 434B.

s 157A ins 2007 No. 19 s 69

amd 2014 No. 29 s 42

158Application for new lease

(1)The lessee of a term lease may apply for an offer of a new lease (a renewal application) unless a condition of the lease or this Act prohibits its renewal.

(2)A renewal application may be made only after 80% of the existing term of the lease has expired unless, in the Minister’s opinion, special circumstances exist.

(3)A renewal application may be rejected without being considered under section 159 if—

(a)the applicant has made an earlier renewal application and the application was refused; and

(b)there is no relevant change in circumstances from the earlier application.

(4)In this section—

existing term, of the lease, does not include an extension under division 1B of the term of the lease.

s 158 amd 1995 No. 57 s 4 sch 1; 2007 No. 19 s 70; 2010 No. 12 s 113; 2013 No. 23 s 67

159General provisions for deciding application

(1)The chief executive must consider the following before deciding whether or not to offer a new lease, the conditions of the offer or the imposed conditions of the new lease—

(a)the interest of the lessee;

(b)whether part of the lease land should be set apart and declared as State forest under the Forestry Act 1959 ;

(c)whether the public interest could be adversely affected, other than for an issue mentioned in paragraph (b), if the lease were renewed;

(d)whether part of the lease land is needed for environmental or nature conservation purposes;

(e)the condition of the lease land;

(f)the extent to which the lease land suffers from, or is at risk of, land degradation;

(g)whether the lessee has complied with, or to what extent the lessee has complied with, the following—

(i)the conditions of the lease;

(ii)any land management agreement for the lease;

(iii)any conservation agreement or conservation covenant applying to all or part of the lease land;

(iv)any approved agreement for an indigenous cultural interest for the lease land;

(h)whether part of the lease land has a more appropriate use from a land planning perspective;

(i)whether part of the lease land is on an island or its location, topography, geology, accessibility, heritage importance, aesthetic appeal or like issues make it special;

(j)whether part of the lease land is needed for a public purpose;

(k)whether a new lease is the most appropriate form of tenure for the lease land;

(l)the lessee’s record of compliance with this Act;

(m)the natural environmental values of the lease land.

(2)To remove any doubt, it is declared that, to the extent the lease land is in an urban area, the chief executive need not consider any issue that is not relevant to an urban environment.

Example of an issue not relevant to an urban environment—

whether part of the lease land should be set apart and declared as State forest

(3)In considering the natural environmental values of the lease land, the matters to which the chief executive must have regard include any advice about the values the chief executive receives from the NCA department.

s 159 amd 2007 No. 19 s 71; 2013 No. 2 s 124; 2013 No. 23 ss 68, 352 sch 1 pt 1

159AProvisions for decision about most appropriate form of tenure

(1)In deciding, under section 159 (1) (k), whether a new lease is the most appropriate form of tenure for the lease land the subject of a renewal application, section 16 applies—

(a)as if a reference in the section to an allocation were a reference to the decision; and

(b)with other necessary changes.

(2)If the lease is over a reserve, the chief executive must, before making the decision, consult with the trustee for the reserve.

(3)If the decision is that another form of tenure is a more appropriate form of tenure than a new lease, the chief executive may elect to treat the application as a conversion application for the other form of tenure.

(4)On the making of the election—

(a)the renewal is taken to be a conversion application for the other form of tenure; and

(b)division 3 applies to the conversion application.

(5) Subsections (3) and (4) apply despite any provision contained in the lease.

s 159A ins 2007 No. 19 s 72

amd 2010 No. 12 s 114; 2013 No. 23 s 352 sch 1 pt 1

160Notice of chief executive’s decision

(1)If the chief executive decides to offer a new lease, the applicant must be given notice of the conditions on which the offer is made and to which the lease will be subject.

(2)If the chief executive decides to refuse the renewal application, the applicant must be given notice of the reasons for the decision.

(3)The applicant may appeal against the chief executive’s decision to refuse the renewal application if the only reason for the refusal was that the applicant had not fulfilled the conditions of the lease.

s 160 amd 2004 No. 4 s 20; 2007 No. 19 s 73; 2013 No. 23 s 352 sch 1 pt 1

161When offer has been accepted

An offer has not been accepted until the lessee fulfils the conditions of the offer.

162Issuing of new lease

(1)On acceptance of the offer, the Minister may issue a lease (the new lease) in accordance with the terms of the accepted offer.

(2)The new lease must be issued for the same purpose as the lease (the old lease) the subject of the renewal application.

(3)For working out the purpose of the old lease, the Minister may have regard to its rental category and conditions.

(4)Additional unallocated State land may be included in the new lease, if chapter 4, part 1, division 2 is complied with.

Note—

Chapter 4, part 1, division 2 is about interests available in land without competition.

(5)The new lease is issued subject to all relevant registered interests to which the old lease was subject, and in the same priorities.

(6)On the registration of the new lease, the old lease is taken to have been wholly surrendered.

(7)The surrender must be registered.

s 162 sub 2007 No. 19 s 75

amd 2010 No. 12 s 115; 2013 No. 23 s 352 sch 1 pt 1; 2014 No. 29 s 44

163Land not included in the offer

If the offer is for only a part of the lease, the land not included in the offer, on surrender of the lease—

(a)if the lease was over a reserve—remains a reserve; or

(b)otherwise—becomes unallocated State land.

s 163 amd 2004 No. 4 s 21

sdiv 3 hdg ins 2014 No. 29 s 46

164What is a rolling term lease

(1)A term lease is a rolling term lease if any of the following circumstances apply to it—

(a)it is a lease for tourism purposes for land on a regulated island;

(b)it is a lease used for agriculture, grazing or pastoral purposes, and if the lease land is rural leasehold land, the lease land is 100ha or more in area;

(c)it is a lease used for agriculture, grazing or pastoral purposes, the lease land is rural leasehold land less than 100ha in area and the Minister has approved the lease as a rolling term lease;

(d)another provision of this Act provides the lease is a rolling term lease.

Example for paragraph (d)—

Under section 176A (3), if a rolling term lease over 100ha in area is subdivided into 2 or more new leases, each new lease that is issued is a rolling term lease even if its lease land is less than 100ha in area.

(2)However, a State lease is not a rolling term lease if the lease land is used for agriculture, grazing or pastoral purposes.

s 164 amd 2013 No. 23 s 71

sub 2014 No. 29 s 46

164AApproval of lease as a rolling term lease

The Minister may approve a lease used for agriculture, grazing or pastoral purposes as a rolling term lease under section 164 (1) (c) only if the Minister is satisfied the most appropriate use for the lease land is for agriculture, grazing or pastoral purposes as the case may be.

s 164A ins 2014 No. 29 s 46

164BIdentification of lease as a rolling term lease

(1)The identification, under this subdivision, of a lease as a rolling term lease, including because of the Minister’s approval of the lease as a rolling term lease under section 164 (1) (c)—

(a)allows the provisions of this subdivision relating to the extension of rolling term leases to be applied to the lease; and

(b)does not affect any aspect of the lease, including any conditions of the lease.

(2)The chief executive must ensure the particulars recorded in the leasehold land register for each term lease that, under this subdivision, is a rolling term lease, include that the lease is a rolling term lease.

(3)The recording of a lease as a rolling term lease as mentioned in subsection (2) must be done—

(a)for a lease in existence immediately before the commencement of this section—as soon as practicable after the commencement of this section; and

(b)for a lease that is granted after the commencement of this section and is a rolling term lease immediately it is granted—when the particulars of the lease are first recorded in the leasehold land register; and

(c)for a lease that becomes a rolling term lease because of the Minister’s approval of the lease as a rolling term lease under section 164 (1) (c)—as soon as practicable after it becomes a rolling term lease.

s 164B ins 2014 No. 29 s 46

164CMaking extension application or giving expiry advice

(1)The Minister must grant an extension of the term of a rolling term lease if the lessee makes an application, in the approved form, to the chief executive to have the lease extended (an extension application), and making the application is not prevented under section 164D.

(2)The Minister must not grant an extension of the term of a rolling term lease if the lessee advises the chief executive, in the approved form, that the lessee wishes to allow the lease to expire at the end of its term (an expiry advice).

(3)Despite subsection (1), if the rolling term lease is issued under this Act or the repealed Act, but on the authority of another Act, the Minister may grant an extension of the lease only with the agreement of a person whose agreement to the extension is required under the other Act.

(4)An agreement mentioned in subsection (3) may be given subject to a requirement for changing the conditions of the lease, and when the extension of the lease is granted, the conditions of the lease must be changed in the way required.

(5)An extension application may be made—

(a)at any time in the last 20 years of the term of the lease; or

(b)at an earlier time approved by the Minister if the Minister is satisfied special circumstances exist.

(6)An expiry advice may be given at any time in the last 5 years of the term of the lease.

(7)If the Minister refuses to extend a lease for which an extension application is made, the lessee may appeal against the Minister’s decision.

s 164C ins 2014 No. 29 s 46

164DWhen extension application or expiry advice may not be made or given

A lessee may not make an extension application for a rolling term lease if the lessee has entered into an agreement with the Minister under section 327A to surrender the whole of the lease.

s 164D ins 2014 No. 29 s 46

164ELength of extension

(1)This section provides for granting an extension of the term of a rolling term lease on an extension application being made under this subdivision.

(2)The length of the extension granted must be—

(a)for lease to which section 164C (3) applies—the term advised by a person whose agreement is required for the extension; or

(b)otherwise—the original term of the lease.

(3)In this section—

original term, of a lease, means the term of the lease—

(a)if the lease was issued because of a renewal under the renewal provisions—as provided for when the lease was issued as a new lease under those provisions; or

(b)otherwise—as provided for when the lease was issued;

and does not include any period by which the term of the lease has been extended under any provision of this Act, whether before or after the commencement of this definition, or under the repealed Act.

renewal provisions includes provisions of the repealed Act providing for renewals of term leases.

s 164E ins 2014 No. 29 s 46

164FEffect of extension

(1)If a rolling term lease is extended under this subdivision—

(a)the lease continues in force for the term of the extension; and

(b)the term of the extension commences immediately after the lease would otherwise have expired.

(2)Without limiting subsection (1), on the commencement of the term of the extension (the extension commencement) of a rolling term lease under this subdivision—

(a)a condition of the lease that, immediately before the extension commencement, was or was taken to be, under this Act, an imposed condition of the term lease, continues as an imposed condition of the term lease as extended; and

(b)the term lease as extended is a lease for the same purposes as the purposes of the term lease immediately before the extension commencement; and

(c)the rent payable for the term lease immediately before the extension commencement continues to be the rent payable for the lease as extended, subject to adjustments applying from time to time under this Act; and

(d)the lease as extended is subject to all relevant registered interests, and to all advices and notings in the land registry, to which the lease was subject immediately before the extension commencement, and in the same priorities; and

(e)all acts done or omissions made in relation to the lease before the extension commencement have effect in relation to the term lease as extended.

Example for paragraph (e)—

A remedial action notice could be given after the extension commencement in relation to something done before the extension commencement.

(3)The granting of an extension of a term lease under this subdivision does not stop the taking of action under this Act in relation to the lease, including, for example, action to end the lease, before the term of the extension commences or would otherwise have commenced.

(4)The term of a rolling term lease may be extended under this subdivision regardless of how many times it has previously been extended under this subdivision or under other provisions of this Act or the repealed Act providing for extensions.

s 164F ins 2014 No. 29 s 46

164GNotice of expiry

(1)The chief executive must give the lessee of a rolling term lease notice advising when the lease is due to expire.

(2)The notice must be given not later than 2 years before the lease is due to expire.

(3)The notice need not be given if the chief executive has already received an extension application or expiry advice from the lessee, or if section 164D applies.

s 164G ins 2014 No. 29 s 46

sdiv 4 hdg ins 2014 No. 29 s 46

164HApplication for term lease renewal may become extension application

(1)This section applies if—

(a)a renewal application for a term lease that is not a rolling term lease is made under the renewal provisions; and

(b)before the renewal application is finalised under those provisions, the lessee advises the chief executive that the lessee agrees to the lease becoming a rolling term lease; and

(c)the lease is the subject of an approval of the Minister under 164(1)(c) and becomes a rolling term lease.

(2)The renewal application for the lease is taken to be an extension application for the lease, and must be dealt with under subdivision 3.

s 164H ins 2014 No. 29 s 46

165Application of division

This division does not apply—

(a)to a lease over a reserve; and

(b)to a licence or permit; and

(c)if the conditions of a lease or the conditions of a class of lease or this Act do not allow an application for conversion to be made or a particular type of conversion to be made.

165AChief executive’s approval required for conversion

A lease may be converted under this division only if—

(a)the lessee has made an application under section 166; and

(b)under this division, the chief executive has made an offer to convert the lease and the offer has been accepted.

s 165A ins 2007 No. 19 s 76

166Application to convert lease

(1)A lessee may apply to convert (a conversion application)—

(a)a perpetual lease to freehold land; and

(b)a term lease to freehold land; and

(c)a term lease to a perpetual lease, but only if the term lease is—

(i)a lease for pastoral purposes; or

(ii)a lease for tourism purposes for land on a regulated island.

(2)A conversion application may be rejected without consideration under section 167 if—

(a)the applicant has made an earlier conversion application and the application was refused; and

(b)there is no relevant change in circumstances from the earlier application.

s 166 amd 2007 No. 19 s 77; 2010 No. 12 s 116; 2013 No. 23 s 72; 2014 No. 29 s 47

167Provisions for deciding application

(1)The chief executive must consider the following in deciding whether or not to offer to convert a lease, the conditions on which the offer is made and, if the offer is for a lease, its imposed conditions—

(a)whether part of the lease land needs to be set apart and declared as State forest under the Forestry Act 1959 ;

(b)whether part of the lease land is better suited for long-term forest management for the production of indigenous timbers of commercial value than for all other forms of primary production;

(c)whether the public interest could be adversely affected, other than about an issue mentioned in paragraph (a) or (b), if the lease were converted;

(d)whether part of the lease land is needed for environmental or nature conservation purposes;

(e)the condition of the lease land;

(f)the extent to which the lease land suffers from, or is at risk of, land degradation;

(g)whether the lessee has complied with, or to what extent the lessee has complied with, the conditions of the lease and with any land management agreement for the lease;

(h)whether part of the lease land has a more appropriate use from a land planning perspective;

(i)whether part of the lease land is on an island or its location, topography, geology, accessibility, heritage importance, aesthetic appeal or like issues make it special;

(j)whether part of the lease land is needed for a public purpose;

(k)the most appropriate form of tenure for the lease land;

(l)the lessee’s record of compliance with this Act;

(m)the natural environmental values of the lease land.

(2) Subsection (1) does not apply if the conversion application relates to a lease for development purposes and the lease states that conversion of the lease will be considered on fulfilment of the conditions stated in the lease.

(3)Also, subsection (1) (d) applies only if the NCA department has given the chief executive—

(a)a notice stating the environmental or nature conservation purposes for which the part of the lease land is required; and

(b)either—

(i)a map showing the required particulars for a map of the part; or

(ii)a description of the boundary of the part by reference to Map Grid of Australia 1994 coordinates and zone references for the area.

(4)To remove any doubt, it is declared that, to the extent the lease land is in an urban area, the chief executive need not consider any issue that is not relevant to an urban environment.

Example of an issue not relevant to an urban environment—

whether part of the lease land should be set apart and declared as State forest

(5)In considering the natural environmental values of the lease land, the matters to which the chief executive must have regard include any advice about the values the chief executive receives from the NCA department.

(6)For subsection (1) (k), section 16 applies, with necessary changes, as if a reference in the section to an allocation were a reference to a decision mentioned in subsection (1).

s 167 amd 2007 No. 19 s 78; 2009 No. 5 s 33; 2013 No. 23 ss 73, 352 sch 1 pt 1

168Notice of chief executive’s decision

(1)If the chief executive decides to offer a new lease or a deed of grant, the applicant must be given notice of the conditions on which the offer is made.

(1A)However, if the application is for the conversion to freehold land of a lease for tourism purposes for land on a regulated island, the chief executive may offer a deed of grant only if the Governor in Council has first approved the conditions on which the offer is made.

(1B)If the land the subject of the proposed lease or deed of grant is to include a forest consent area—

(a)the proposed lease or deed of grant must be referred to the chief executive under the Forestry Act 1959 to decide conditions to be included in the offer; and

(b)the offer must include any conditions decided under paragraph (a).

(2)If the offer is for a lease, the offer must state the conditions to which the lease will be subject.

(3)The offer may be for a smaller size area of land or a different tenure to that applied for.

(4)If the chief executive decides to refuse the conversion application, the applicant must be given notice of the reasons for the decision.

(5)The applicant may appeal against the chief executive’s decision to refuse the conversion application if the only reason for the refusal was that the applicant had not fulfilled the conditions of the lease.

s 168 amd 2004 No. 4 s 22; 2007 No. 19 s 79; 2013 No. 23 s 352 sch 1 pt 1; 2014 No. 29 s 48

169Conditions of freehold offer

If an offer is for a deed of grant, including a freeholding lease, the offer may include 1 or more of the following conditions—

(a)that the lessee enter into a conservation agreement;

(b)that either—

(i)the lessee enter into a forest consent agreement in relation to the land; or

(ii)the deed of grant or freeholding lease includes a forest entitlement area;

(c)that the purchase price for the conversion be paid in full.

s 169 amd 2007 No. 19 s 81; 2010 No. 12 s 117; 2014 No. 29 s 50

170Purchase price if deed of grant offered

(1)Unless a price or formula has already been stated in the lease to be converted, the purchase price is the amount decided by the chief executive in the way prescribed by regulation.

(3)Without limiting subsection (1), the regulation must provide for the purchase price to include the market value of any commercial timber that is the property of the State on the lease land, other than forest products the subject of a forest consent agreement.

s 170 amd 2007 No. 19 s 82; 2014 No. 29 s 51; 2014 No. 45 s 60A

171When offer has been accepted

(1)An offer has not been accepted until the lessee fulfils the conditions of the offer.

(2)If the conditions of an offer include a requirement to enter into a forest consent agreement, the chief executive under the Forestry Act 1959 must have advised the chief executive under this Act that the forest consent agreement has been entered into before the conditions of the offer may be taken to be fulfilled.

s 171 amd 2014 No. 29 s 52

172Issuing of new tenure

(1)On acceptance of the offer a tenure (the new tenure) may be issued by—

(a)if the new tenure is a deed of grant or freeholding lease—the Governor in Council; or

(b)if the new tenure is a term or perpetual lease—the Minister.

Note—

See also section 153 (Lease must state its purpose).

(2)The new tenure must be issued in accordance with the terms of the accepted offer.

(3)Additional unallocated State land may be included in the new lease, if chapter 4, part 1, division 2 is complied with.

Note—

Chapter 4, part 1, division 2 is about interests available in land without competition.

(4)If the new tenure is a lease, it must be issued for the same purpose as the lease (the old lease) the subject of the conversion application.

(5)The new tenure is issued subject to all relevant registered interests to which the old lease was subject, and in the same priorities.

(6)On the registration of the new tenure, the old lease is taken to have been wholly surrendered.

(7)The surrender must be registered.

s 172 sub 2007 No. 19 s 83

amd 2013 No. 23 s 352 sch 1 pt 1

173Land not included in the offer

If the offer is for only a part of the lease, the land not included in the offer, on surrender of the lease, becomes unallocated State land.

div 4 hdg ins 2007 No. 19 s 87

175When lease may be subdivided

A lease may be subdivided only if—

(a)this Act or a condition of the lease does not prohibit its subdivision; and

(b)the lease is not, by a registered covenant or tied condition, tied to another lease or freehold land; and

(c)the chief executive has, on an application made under this division, approved the subdivision; and

(d)the requirements under this division for the subdivision have been complied with.

s 175 ins 2007 No. 19 s 87

176Application to subdivide

(1)A lessee of a lease (the existing lease) may apply for approval to subdivide the lease.

(2)The application must be accompanied by—

(a)a statement of the applicant’s reasons for seeking the proposed subdivision; and

(b)a statement by the relevant local government of its views on the proposed subdivision; and

(c)the written consent of all persons with a registered interest in the lease land.

(3)However, consent under subsection (2) (c) must not be unreasonably withheld.

s 176 ins 2007 No. 19 s 87

176AGeneral provisions for deciding application

(1)The chief executive must decide whether to approve the proposed subdivision.

(2)If the chief executive decides to grant the approval, the chief executive must decide an offer (the subdivision offer) of new leases to the applicant for the lease land.

(3)If the existing lease was a rolling term lease, each new lease is a rolling term lease under this Act, even if the lease land for the new lease is rural leasehold land of less than 100ha.

(4)The subdivision offer must state—

(a)the imposed conditions of each of the new leases; and

(b)for each new lease to be issued as a term lease—the term of the lease.

(5)The subdivision offer may be made subject to conditions.

Example—

a condition that a plan of survey for the proposed subdivision, approved by the chief executive and capable of registration, be lodged

(6)The term of a new lease may be longer than the unexpired term of the existing lease.

s 176A ins 2007 No. 19 s 87

amd 2010 No. 12 s 118; 2013 No. 23 s 76; 2014 No. 29 s 54

176BCriteria for deciding application

In deciding the matters under section 176A the chief executive must consider—

(a)whether the proposed subdivision—

(i)is appropriate, taking into account State, regional and local planning strategies and the objects of this Act; and

(ii)will require dedication of part of the lease land as a road for access to the subdivided land; and

(b)the matters mentioned in section 159 (1) to the extent they are relevant to the proposed subdivision and the term of any new leases to be offered.

s 176B ins 2007 No. 19 s 87

176CSpecific grounds for refusal

The chief executive may refuse to give the approval if—

(a)the applicant has made an earlier application for approval to subdivide the existing lease; and

(b)the earlier application was refused; and

(c)there is no relevant change in circumstances from the earlier application.

s 176C ins 2007 No. 19 s 87

176DNotice of decision

(1)If the chief executive decides to grant the approval, the applicant must be given a notice stating the subdivision offer.

(2)If the chief executive decides to refuse the approval, the applicant must be given a notice of the decision and the reason for it.

s 176D ins 2007 No. 19 s 87

amd 2013 No. 23 s 352 sch 1 pt 1

176EAppeal against refusal

If—

(a)the chief executive decides to refuse the approval; and

(b)the only reason for the refusal was that the applicant had not complied with the conditions of the existing lease;

the applicant may appeal against the decision.

s 176E ins 2007 No. 19 s 87

176FAcceptance of subdivision offer

The subdivision offer is accepted only if the applicant complies with its conditions.

s 176F ins 2007 No. 19 s 87

176GIssuing of new leases

(1)On acceptance of the subdivision offer—

(a)any plan of subdivision required under a condition of the offer to be lodged must be registered; and

(b)the designated person may issue the new leases in accordance with the terms of the accepted offer.

Note—

See also section 153 (Lease must state its purpose).

(2)The new leases are issued subject to all relevant registered interests to which the existing lease was subject with the same priorities.

(3)On registration of the new leases, the existing lease is taken to have been wholly surrendered.

(4)The surrender must be registered.

s 176G ins 2007 No. 19 s 87

176IPower to waive fees if chief executive requested application

If the application was made at the chief executive’s request and the subdivision offer is made, the chief executive may waive all or part of any charge or fee for the application, the registration of any relevant plan of subdivision or the issue of the new leases.

s 176I ins 2007 No. 19 s 87

div 5 hdg ins 2007 No. 19 s 87

176JWhen leases may be amalgamated

(1)Two or more leases may be amalgamated only if—

(a)the lease land is not a reserve or State forest; and

(b)this Act or a condition of the lease does not prohibit the amalgamation; and

(c)there is no registered mortgage over only part of the lease land; and

(d)the chief executive has, on an application made under this division, approved the amalgamation; and

(e)the requirements under this division for the amalgamation have been complied with.

(2)In this section—

lease land means the lease land for all of the leases.

s 176J ins 2007 No. 19 s 87

176KApplication to amalgamate

(1)The lessee of 2 or more leases (the existing leases) may apply for approval to amalgamate them only if—

(a)the lessee is the lessee of all of them; and

(b)they are of the same tenure type; and

(c)the lease land for the existing leases is contiguous.

(1A)For subsection (1) (b), 2 or more leases are taken to be of the same tenure type if—

(a)each lease is for land on a regulated island, and is either a term lease for tourism purposes or a perpetual lease for tourism purposes; or

(b)each lease is either a term lease for pastoral purposes or a perpetual lease for pastoral purposes.

Example—

Two leases would be taken to be of the same tenure type for subsection (1) (b) if they were both for pastoral purposes even though one lease was a term lease and the other was a perpetual lease.

(2)If the lessee comprises 2 or more persons, each person must be a party to the application.

(3)The application must be accompanied by—

(a)a statement of the applicant’s reasons for seeking the proposed amalgamation; and

(b)a statement by the relevant local government of its views on the proposed amalgamation; and

(c)the written consent of all persons with a registered interest in the lease land for the existing leases.

(4)However, consent under subsection (3) (c) must not be unreasonably withheld.

s 176K ins 2007 No. 19 s 87

amd 2014 No. 29 s 56

176LGeneral provisions for deciding application

(1)The chief executive must decide whether to approve the proposed amalgamation.

(2)If the chief executive decides to grant the approval, the chief executive must decide an offer (the amalgamation offer) of an amalgamated lease to the applicant for the lease land of the existing leases.

(3)However, if the proposed amalgamation is an amalgamation of a term lease and a perpetual lease, the amalgamation offer must be for a perpetual lease.

(4)The amalgamation offer must state the term and the imposed conditions of the amalgamated lease.

(5)The amalgamation offer may be made subject to conditions.

Example—

a condition that a plan of survey for the proposed amalgamation, approved by the chief executive and capable of registration, be lodged

(6)The term of the amalgamated lease may be longer than the unexpired term of all or any of the existing leases.

s 176L ins 2007 No. 19 s 87

amd 2010 No. 12 s 119; 2013 No. 23 s 77; 2014 No. 29 s 57

176MCriteria for deciding application

In deciding the matters under section 176L the chief executive must consider—

(a)whether the proposed amalgamation is appropriate, taking into account State, regional and local planning strategies and the objects of this Act; and

(b)the matters mentioned in section 159 (1) to the extent they are relevant to the proposed amalgamation and the term of any amalgamated lease to be offered.

s 176M ins 2007 No. 19 s 87

176NRoads

(1)This section applies if there is a road within the external boundaries of the lease land of any of the existing leases.

(2)The chief executive must consider—

(a)whether the road is still needed for public use; and

(b)if the road were to be closed—whether it should be included within the external boundaries of the lease land of the proposed amalgamated lease.

(3)If the applicant or the chief executive proposes to close the road and include its area in the lease land of any amalgamated lease, the chief executive must—

(a)seek the opinion of the relevant local government on the proposal; and

(b)comply with chapter 4, part 1, division 2.

s 176N ins 2007 No. 19 s 87

176OSpecific grounds for refusal

The chief executive may refuse to give the approval if—

(a)the applicant has made an earlier application for approval to amalgamate the existing leases; and

(b)the earlier application was refused; and

(c)there is no relevant change in circumstances from the earlier application.

s 176O ins 2007 No. 19 s 87

176PNotice of decision

(1)If the chief executive decides to grant the approval the applicant must be given a notice stating the amalgamation offer.

(2)If the chief executive decides to refuse the approval the applicant must be given a notice of the decision and the reasons for it.

s 176P ins 2007 No. 19 s 87

amd 2013 No. 23 s 352 sch 1 pt 1

176QAppeal against refusal

If—

(a)the chief executive decides to refuse the approval; and

(b)the only reason for the refusal was that the applicant had not complied with the conditions of 1 or more of the existing leases;

the applicant may appeal against the decision.

s 176Q ins 2007 No. 19 s 87

176RAcceptance of amalgamation offer

The amalgamation offer is accepted only if the applicant complies with its conditions.

s 176R ins 2007 No. 19 s 87

176SIssuing of amalgamated lease

(1)On acceptance of the amalgamation offer—

(a)any plan of amalgamation required under a condition of the offer to be lodged must be registered; and

(b)the designated person may issue the amalgamated lease in accordance with the terms of the accepted offer.

Note—

See also section 153 (Lease must state its purpose).

(2)The amalgamated lease is issued subject to all relevant registered interests to which the existing leases were subject with the same priorities.

(3)On registration of the amalgamated lease, the existing leases are taken to have been wholly surrendered.

(4)The surrenders must be registered.

s 176S ins 2007 No. 19 s 87

176TPower to waive fees if chief executive requested application

If the application was made at the chief executive’s request and the amalgamation offer is made, the chief executive may waive all or part of any charge or fee for the application, the registration of any relevant plan of amalgamation or the issue of the amalgamated lease.

s 176T ins 2007 No. 19 s 87

div 6 hdg ins 2007 No. 19 s 87

176UMaking and registration of agreement about land management

(1)The Minister may, for the State, make or amend a written agreement with a lessee about the management and use of the lease land.

(2)However the agreement or amendment has effect only if it is registered.

Note—

For registration of land management agreements, see section 279.

s 176U ins 2007 No. 19 s 87

amd 2014 No. 29 s 58

176UA Power to require land management agreement in particular circumstances

(1)This section applies for a term or perpetual lease if—

(a)the lease is for rural leasehold land; and

(b)the Minister is satisfied—

(i)the lease land suffers from, or is at risk of, land degradation; or

(ii)the lessee is using the lease land in a way that is not fulfilling the lessee’s duty of care for the land, under section 199.

(2)The Minister, by notice, may require a land management agreement to be entered into for the lease land.

(3)If a land management agreement is entered into under this section the lease is subject to a condition that the lessee must comply with the agreement.

s 176UA ins 2013 No. 23 s 78

amd 2014 No. 29 s 59

176VPurposes of a land management agreement

The purposes of a land management agreement for a lease are to do each of the following to the extent they are relevant to the lease land—

(a)identify and describe the natural and physical attributes of the lease land, including its known indigenous and other cultural heritage and significant natural environmental values;

(b)record the condition of the lease land at a particular point in time;

(c)improve or maintain its condition so that it is, or will be, at least in good condition;

(d)identify any land degradation issues relating to the land;

(e)establish the agreed management outcomes for the identified land degradation issues and the associated management strategies to address them;

(f)identify measures to protect the known indigenous and other cultural heritage and the identified significant natural environmental values;

(g)establish a monitoring and reporting program;

(h)establish a process to verify the performance of the lessee in relation to the outcomes;

(i)establish a dispute resolution process;

(j)establish a review process to maintain the relevance and effectiveness of the agreement.

s 176V ins 2007 No. 19 s 87

176WContent of land management agreement

(1)A land management agreement for a lease may include any matter the Minister considers appropriate to achieve the purposes of a land management agreement.

(2)The chief executive may issue guidelines about the content and preparation of land management agreements.

s 176W ins 2007 No. 19 s 87

amd 2010 No. 12 s 120; 2014 No. 29 s 60

176XReviewing land management agreement

The Minister must, at least once every 10 years, review each land management agreement for a lease to assess the lessee’s performance in relation to the management outcomes under the agreement.

Note—

See also section 211 (1) (Reviewing imposed conditions of lease).

s 176X ins 2007 No. 19 s 87

176XA Cancellation of land management agreement

The Minister may, with the agreement of the lessee, cancel a land management agreement registered on a lease.

s 176XA ins 2014 No. 29 s 61

div 7 hdg ins 2007 No. 19 s 87

176YPart does not affect amounts owing relating to lease

To remove any doubt, it is declared that the following do not limit or otherwise affect a lessee’s obligation to pay rent or another amount owing in relation to a lease—

(a)an application under this part about the lease, other than an application under section 154;

(b)the ending, under this part, of the lease.

s 176Y ins 2007 No. 19 s 87

176ZWhen payment obligations end if lease ends under part

If a lease ends under this part, an obligation to pay future rent and other amounts that may become payable in relation to the lease stops on the day before the day on which the lease ends.

s 176Z ins 2007 No. 19 s 87

amd 2014 No. 29 s 62

176ZA Overpayments relating to former lease

(1)This section applies if a lease ends under this part and, because of section 176Z, an amount has been overpaid for rent or another amount relating to the former lease.

(2)If a new lease is issued under this part in relation to the former lease, the amount must be credited to rent or other amounts payable under the new lease.

(3)Otherwise, the amount must be refunded to the person who made the payment.

s 176ZA ins 2007 No. 19 s 87

amd 2014 No. 29 s 63

pt 4 hdg amd 2007 No. 19 s 88

177Chief executive may issue permit

(1)The chief executive may issue a permit to occupy unallocated State land, a reserve or a road.

(2)The permit may be issued for the purpose, and on the terms, the chief executive decides are appropriate to the land and the purpose of the permit.

(3)If there is a trustee of the reserve, the chief executive must consult the trustee before the permit is issued.

(4)If the purpose of the permit is inconsistent with the purpose of the reserve, no improvements, other than boundary fences, are to be built by the permittee.

(5)The permit may be issued for 2 or more reserves if the reserves—

(a)have been dedicated for the same purpose; and

(b)are held by the same trustee.

(6)A permit may not be transferred, sublet or mortgaged.

(7)A permit may be issued only if it is for 1 type of land mentioned in subsection (1).

(8)A permit for a term of not more than 12 months need not be registered.

(9)If a permit for a term of 12 months or more is issued for unallocated State land or a reserve, the chief executive must keep a record of its issue in the appropriate register.

(10)The chief executive may issue a permit without receiving an application under section 177A.

s 177 amd 2004 No. 4 s 24; 2007 No. 19 s 89

177AApplying for permit

(1)A person may apply for a permit to occupy unallocated State land, a reserve or a road.

(2)However, before applying, the person must give notice of the person’s intention to apply to the following and to any other entity with a registered interest in the proposed permit land—

(a)for a permit for a reserve—the trustee of the reserve;

(b)for a permit for a State-controlled road—the chief executive of the department in which the Transport Infrastructure Act 1994 is administered;

(c)for a permit for a road that is under the control of the a local government—the local government.

(3)In this section—

State-controlled road means a road or land, or part of a road or land, declared under the Transport Infrastructure Act 1994 to be a State-controlled road.

s 177A ins 2007 No. 19 s 90

amd 2013 No. 23 s 79