Minister: Deputy Premier, Treasurer and Minister for Aboriginal and Torres Strait Islander Partnerships
Agency: Department of Aboriginal and Torres Strait Islander Partnerships

Minister: Minister for Natural Resources, Mines and Energy
Agency: Department of Natural Resources, Mines and Energy

Minister: Minister for Transport and Main Roads
Agency: Department of Natural Resources, Mines and Energy


Land Act 1994


Queensland Crest
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

Chapter 1 Preliminary

Part 1 Introduction

1Short title

This Act may be cited as the Land Act 1994.

2[Repealed]

s 2 amd 2004 No. 4s 57 sch

om 2005 No. 68s 11

3Dictionary

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

Part 2 Objects

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.

Part 3 Application of Act

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. 4s 7

sub 2010 No. 12s 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.

Part 4 Tidal and non-tidal boundaries and associated matters

pt 4 hdg sub 2010 No. 12s 157

Division 1 Preliminary

div 1 hdg ins 2010 No. 12s 157

8Definitions for pt 4

In this part—
adjacent owner
(a)for non-tidal watercourse land—see section 8A(1) and (2); or
(b)for non-tidal lake land—see section 8A(3) and (4).

def adjacent owner ins 2016 No. 56 s 10

ambulatory boundary principles...

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

om 2013 No. 23s 352sch 1pt 1

chief executive (water) means the chief executive of the department in which the Water Act 2000 is administered.

def chief executive (water) ins 2016 No. 56 s 10

lake ...

def lake ins 2010 No. 12s 158(2)

om 2013 No. 23s 43

navigable river ...

def navigable river om 2010 No. 12s 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. 12s 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. 12s 158(2)

non-tidal lake land see section 13AA(1)(b).

def non-tidal lake land ins 2016 No. 56 s 10

non-tidal watercourse land see section 13AA(1)(a).

def non-tidal watercourse land ins 2016 No. 56 s 10

owner, of land, means the following—
(a)if the land is freehold land—the registered owner of the land;
(b)if the land is the subject of a lease registered under the Land Title Act 1994—the lessee of the land;
(c)if the land is the subject of a lease registered under this Act—the lessee of the land;
(d)if the land is a reserve—the trustee of the reserve;
(e)if a person has occupation rights in relation to the land under a licence or permit—the licensee or permittee.

def owner ins 2016 No. 56 s 10

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. 12s 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. 12s 158(2)

ship ...

def ship om 2010 No. 12s 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. 12s 158(2)

tidal navigable river ...

def tidal navigable river om 2010 No. 12s 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. 12s 158(3)

watercourse ...

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

om 2013 No. 23s 43

s 8 amd 2007 No. 19s 11

8A Who is an adjacent owner for non-tidal watercourse land and non-tidal lake land

(1)A person is an adjacent owner for non-tidal watercourse land if the person is the owner of land that adjoins a non-tidal boundary (watercourse) of the non-tidal watercourse land.
(2)Also, a person is an adjacent owner for non-tidal watercourse land if—
(a)the non-tidal watercourse land extends from the non-tidal boundary (watercourse) on 1 side of the watercourse (the subject boundary) past the line along the middle of the bed of the watercourse; and
(b)the person is the owner of land that adjoins the non-tidal boundary (watercourse) of the non-tidal watercourse land on the other side of the watercourse, opposite the subject boundary.
(3)A person is an adjacent owner for non-tidal lake land if the person is the owner of land that adjoins a non-tidal boundary (lake) of the non-tidal lake land.
(4)Also, a person is an adjacent owner for non-tidal lake land if—
(a)the non-tidal lake land extends from the non-tidal boundary (lake) on 1 side of the lake (the subject boundary) past the centre of the lake; and
(b)the person is the owner of land that adjoins the non-tidal boundary (lake) of the non-tidal lake land on the other side of the lake, opposite the subject boundary.

s 8A ins 2016 No. 56 s 11

Division 2 The tidal environment

div 2 hdg ins 2010 No. 12s 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. 12s 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. 12s 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. 19s 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. 12s 160

Division 3 The non-tidal environment

div 3 hdg ins 2010 No. 12s 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 96
(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.
(6)If the adjacent area is part of a reserve or the subject of a lease—
(a)subsection (4)(a) and (b) applies only to the extent exercising the right does not interfere with—
(i)a trustee of the reserve performing the trustee’s functions, and fulfilling the trustee’s duty of care for the land in the reserve; or
(ii)the lessee’s rights and interests under the lease; and
(b)subsection (4)(c) does not allow the owner to bring an action against—
(i)a trustee of the reserve, a person acting for a trustee, or a person with a registered interest in the land in the reserve; or
(ii)the lessee, a person acting for the lessee, or a person with a registered interest in the lease.

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. 12s 161

amd 2016 No. 56 s 12; 2017 No. 10 s 4

13AA Power to deal with non-tidal watercourse land and non-tidal lake land

(1)This section applies to—
(a)land that is the property of the State under section 13A(1) (non-tidal watercourse land); and
(b)land that is the property of the State under section 13A(2) (non-tidal lake land).
(2)Non-tidal watercourse land and non-tidal lake land are not unallocated State land, but may be leased, or dedicated as a reserve, under this Act as if the land were unallocated State land.
(3)Subsection (2) applies subject to sections 13AB and 13AC.

s 13AA ins 2016 No. 56 s 13

amd 2017 No. 10 s 5

13AB Leasing non-tidal watercourse land or non-tidal lake land

(1)Non-tidal watercourse land or non-tidal lake land may be leased under this Act only if—
(a)the lessee is the State; and
(b)each person who is an adjacent owner for the land consents to the lease; and
(c)the chief executive (water) consents to the lease; and
(d)each condition of the consent of the chief executive (water) imposed under subsection (3)—
(i)has been satisfied; or
(ii)is imposed as a condition of the lease.
(2)In deciding whether to consent to the lease, the chief executive (water) must consider whether, and to what extent, the lease will interfere with—
(a)the State’s control or use of any part of the non-tidal watercourse land or non-tidal lake land for a purpose under the Water Act 2000; or
(b)a right of the State or a person to take or use water under the Water Act 2000.
(3)The consent of the chief executive (water) may be given on conditions.
(4)A lease of non-tidal watercourse land or non-tidal lake land may not be transferred.
(5)Despite section 13AA(2), the granting of a lease over non-tidal watercourse land or non-tidal lake land is not subject to any public auction, tender or ballot requirements under chapter 4, part 1, division 1.

s 13AB ins 2016 No. 56 s 13

13AC Dedicating non-tidal watercourse land or non-tidal lake land as reserve

(1)Non-tidal watercourse land or non-tidal lake land may be dedicated as a reserve only if—
(a)each person who is an adjacent owner for the land consents to the dedication; and
(b)the chief executive (water) consents to the dedication; and
(c)each condition of the consent of the chief executive (water) imposed under subsection (3)—
(i)has been satisfied; or
(ii)is imposed as a condition of the appointment of a trustee of the reserve.
(2)In deciding whether to consent to the dedication, the chief executive (water) must consider whether, and to what extent, the dedication will interfere with—
(a)the State’s control or use of any part of the non-tidal watercourse land or non-tidal lake land for a purpose under the Water Act 2000; or
(b)a right of the State or a person to take or use water under the Water Act 2000.
(3)The consent of the chief executive (water) may be given on conditions.

s 13AC ins 2017 No. 10 s 6

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—
associated watercourse, of a non-tidal boundary (watercourse), means the watercourse on which the boundary is based.
former watercourse land means the land the subject of a former watercourse land declaration.
former watercourse land declaration means a declaration under subsection (3).

s 13B ins 2010 No. 12s 161

amd 2013 No. 23s 44; 2014 No. 45s 60; 2016 No. 56 s 14

Chapter 2 Land allocation

Part 1 Allocation powers

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. 28s 295sch 3; 2007 No. 19s 12; 2010 No. 12s 162; 2014 No. 45s 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(3)
(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. 19s 13; 2010 No. 12 ss 99, 163; 2017 No. 10 s 42 sch 1 pt 1

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

17Granting land to the State and the Commonwealth

(1)The Governor in Council may grant unallocated State land, an operational reserve or rail land in fee simple to the State.
(2)The Governor in Council may grant unallocated State land in fee simple to the Commonwealth.
(3)The Minister may lease unallocated State land to the State or the Commonwealth for either a term of years or in perpetuity.

s 17 amd 2007 No. 19s 15; 2017 No. 10 s 7

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. 57s 14

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

amd 2010 No. 12s 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. 57s 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. 25s 1000; 2009 No. 3s 50; 2010 No. 31s 585sch 2pt 4

Part 2 Reservations

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. 23s 352sch 1pt 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. 23s 352sch 1pt 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. 19s 17; 2013 No. 23s 352sch 1pt 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. 19s 18

amd 2013 No. 23 ss 45, 352 sch 1pt 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. 19s 19; 2013 No. 23 ss 46, 352 sch 1pt 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. 19s 20; 2014 No. 29s 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. 4s 8; 2013 No. 23s 352sch 1pt 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. 19s 21

amd 2014 No. 29s 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. 57s 4sch 1; 1997 No. 78s 42; 2000 No. 26s 12sch 1; 2007 No. 19s 85(1)–(2)

reloc and renum 2007 No. 19s 85(3)

amd 2013 No. 23s 352sch 1pt 1; 2014 No. 29s 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. 57s 4sch 1

reloc and renum 2007 No. 19s 86

Part 3 Native title

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, conservation park, 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 175sch 1pt 2; 2014 No. 29 s 26; 2016 No. 22 s 48 sch 1

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

Chapter 3 Reserves, deeds of grant in trust and roads

Part 1 Reserves and deeds of grant in trust

Division 1 General

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. 19s 22

Division 2 Reserves

Subdivision 1 Reserves generally

sdiv 1 hdg ins 2007 No. 19s 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. 19s 23

amd 2010 No. 39s 311; 2013 No. 23s 352sch 1pt 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. 19s 23

amd 2013 No. 23s 352sch 1pt 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. 19s 23

amd 2009 No. 5s 20; 2013 No. 23s 352sch 1pt 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. 19s 23

sub 2013 No. 23s 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. 19s 23

sub 2013 No. 23s 47

31E[Repealed]

s 31E ins 2007 No. 19s 23

om 2013 No. 23s 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. 19s 23

amd 2009 No. 5s 21; 2013 No. 23 ss 48, 352 sch 1pt 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. 5s 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. 4s 9; 2007 No. 41s 232; 2007 No. 19s 24; 2012 No. 43s 221sch 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. 19s 25

amd 2013 No. 23s 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. 19s 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. 19s 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. 19s 25

amd 2013 No. 23 ss 50, 352 sch 1pt 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. 19s 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. 19s 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. 19s 25

Subdivision 2 Operational reserves

sdiv 2 hdg ins 2007 No. 19s 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. 19s 25

amd 2009 No. 5s 23; 2013 No. 23s 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. 5s 24

amd 2014 No. 29s 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. 19s 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. 19s 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. 19s 25

amd 2013 No. 23 ss 52, 352 sch 1pt 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. 19s 25

Division 3 Deeds of grant in trust

34PSubdivision of DOGIT land

(1)DOGIT land may be subdivided by registration of a plan of subdivision creating 2 or more lots.
(2)The plan of subdivision may be registered only with the approval of the Minister.
(3)Subsection (2) does not apply to a plan of subdivision that is—
(a)for DOGIT land under the Aboriginal Land Act 1991 or the Torres Strait Islander Land Act 1991; or
(b)only for the purposes of the resumption, taking or other compulsory acquisition under an Act of part of the DOGIT land.
(4)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.
(5)The covenantee under the instrument creating the covenant must be the State.
(6)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. 29s 61

amd 2013 No. 2s 119; 2017 No. 10s 23

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. 78s 36

amd 2007 No. 19s 26; 2009 No. 5s 27; 2013 No. 23s 352sch 1pt 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. 19s 27 (amd 2004 No. 57s 18); 2009 No. 5s 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. 19s 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. 2s 32 sch; 2004 No. 4s 10; 2007 No. 41s 233; 2007 No. 19s 29; 2012 No. 43s 221sch 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. 19s 30

amd 2013 No. 23s 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. 19s 30

amd 2013 No. 23 ss 54, 352 sch 1pt 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. 19s 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. 19s 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. 19s 30

Division 4 Deeds of grant in trust for Aborigines and Torres Strait Islanders

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. 48s 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. 23s 352sch 1pt 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. 19s 31

amd 2010 No. 39s 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. 19s 32; 2008 No. 29s 62; 2009 No. 3s 502; 2010 No. 31s 585sch 2pt 4

Division 5 Appointments, functions and removal of trustees

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. 19s 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. 4s 11; 2007 No. 19s 45; 2007 No. 19s 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. 9s 27; 2013 No. 39s 43sch 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. 19s 35; 2010 No. 12s 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. 17s 74 sch; 2006 No. 9s 28

50Vacation of office by trustee

(1)A trustee of trust land is taken to have vacated office if—
(a)the trustee dies, becomes incapable of acting or can not be located; or
(b)the trustee resigns by signed notice of resignation given to the Minister and the trustee’s resignation takes effect; or
(c)if the trustee is an incorporated body—the incorporated body ceases to exist.
(2)For subsection (1)(b), a trustee’s resignation takes effect on the earlier of the following days—
(a)the day agreed by the Minister and the trustee;
(b)the day stated by the Minister in a notice given to the trustee;
(c)the day that is 1 year after the day the trustee’s notice of resignation was given to the Minister.
(3)The vacation of office of a trustee must be registered.
(4)The Minister may appoint, under section 44, a new trustee to fill the vacated office.

s 50 amd 2007 No. 19s 36; 2017 No. 10s 24

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. 19s 37

Division 6 Powers of trustee

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. 19s 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. 54s 9 sch

amd 2013 No. 23s 352sch 1pt 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. 19s 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. 4s 12; 2007 No. 19s 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. 19s 41

amd 2013 No. 23s 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 Planning Act 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. 19s 41

amd 2009 No. 36s 872sch 2; 2016 No. 27 s 278

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. 19s 41

amd 2013 No. 23 ss 56, 352 sch 1pt 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. 19s 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. 19s 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. 19s 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. 17s 331sch 1; 2010 No. 23s 352sch 1

Division 7 Trustee leases and trustee permits

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. 78s 37; 2004 No. 4s 13; 2007 No. 19s 42; 2008 No. 29s 63; 2009 No. 5s 30; 2013 No. 23s 57; 2014 No. 45s 58sch 1pt 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. 4s 14

amd 2013 No. 23s 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. 4s 15; 2007 No. 19s 43; 2013 No. 23 ss 59, 352 sch 1pt 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. 19s 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. 5s 31; 2010 No. 12s 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. 19s 45; 2013 No. 23s 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. 19s 46; 2013 No. 23s 352sch 1pt 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.

Division 8 Mortgaging trust land

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. 23s 352sch 1pt 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. 29s 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. 23s 352sch 1pt 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.

Division 9 Winding up trusts of trust land

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. 19s 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. 23s 352sch 1pt 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. 19s 48

Division 10 Cemeteries

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. 78s 38

Division 11 Other grants for public purposes

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. 12s 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.

Division 12 Miscellaneous

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. 9s 136sch 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.

Part 2 Roads

Division 1 Dedicating and opening roads

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. 19s 49 (amd 2007 No. 47s 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.

Division 2 Closing roads

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. 23s 61

s 97A ins 2007 No. 19s 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. 32s 23 sch; 2000 No. 2s 6; 2007 No. 19s 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. 2s 6

sub 2007 No. 19s 52

amd 2013 No. 23s 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. 19s 53; 2009 No. 5s 32; 2013 No. 23s 352sch 1pt 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. 4s 16

102Changing application

In deciding an application, the Minister may change a road closure application in the way the Minister considers appropriate.

Division 3 Road licences for temporarily closed roads

div 3 hdg sub 2000 No. 2s 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—
(i)mentioned in section 104(b)(ii) or (iii); and
(ii)for the benefit of land of which the person is the registered owner (other than a trustee of a deed of grant in trust), lessee or trustee.
(2)However, the Minister need not issue the road licence only to the person who applied for the road closure.
(3)If the Minister issues a road licence under subsection (1), the chief executive must register a covenant of a type mentioned in section 373A(5)(c) over—
(a)for a road licence issued to an adjoining owner—the licence land and the adjoining owner’s land; or
(b)otherwise—the licence land and the land for the benefit of which the road licence is issued.

s 103 amd 1998 No. 24s 8; 2000 No. 2s 9; 2017 No. 10 s 8

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. 24s 9; 2000 No. 2s 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. 2s 13

sub 2004 No. 4s 17

amd 2013 No. 23s 352sch 1pt 1

Division 3A Temporarily closed roads

div 3A hdg ins 2000 No. 2s 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.

Division 4 Permanently closed roads

div 4 hdg sub 2007 No. 19s 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. 19s 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. 13s 191 sch; 2000 No. 2s 14

sub 2007 No. 19s 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 Planning Act 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. 19s 54 (amd 2007 No. 57s 20)

amd 2009 No. 36s 872sch 2; 2016 No. 27 s 279

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 Planning Act 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. 19s 54 (amd 2007 No. 57s 20)

amd 2009 No. 36s 872sch 2; 2016 No. 27 s 280

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. 19s 54

amd 2014 No. 29s 29

Division 5 Building of roads in State developments

div 5 hdg prev div 5 hdg om 2007 No. 19s 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. 17s 331sch 1

Chapter 4 Land holdings

Part 1 Making land available

Division 1 Interests in land available by competition

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. 78s 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. 12s 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. 19s 56; 2013 No. 23s 63; 2014 No. 29s 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. 12s 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. 23s 352sch 1pt 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. 23s 352sch 1pt 1

Division 2 Interests in land available without competition

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. 19s 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. 4s 18; 2007 No. 19s 58; 2007 No. 41s 234; 2012 No. 43s 221sch 1; 2014 No. 29s 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. 4s 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. 12s 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. 19s 59; 2014 No. 29s 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. 12s 106

amd 2013 No. 23s 352sch 1pt 1

Division 2A Leases for significant development

div 2A hdg ins 2010 No. 12s 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. 19s 60

sub 2010 No. 12s 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. 12s 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. 19s 61

amd 2013 No. 23s 352sch 1pt 1

Division 3 Availability of additional areas

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. 19s 62; 2013 No. 23s 64; 2014 No. 29s 33

Division 4 Miscellaneous

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. 19s 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. 78s 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.

Part 2 Restrictions on eligibility to hold land

pt 2 hdg sub 2014 No. 29s 34

ch 4 pt 2 div 1 hdg om 2014 No. 29s 34

ch 4 pt 2 div 2 hdg om 2014 No. 29s 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. 29s 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. 29s 34

144[Repealed]

s 144 amd 2007 No. 19s 64

om 2014 No. 29s 34

145[Repealed]

s 145 om 2014 No. 29s 34

146[Repealed]

s 146 om 2014 No. 29s 34

147[Repealed]

s 147 om 2014 No. 29s 34

149[Repealed]

s 149 om 2014 No. 29s 34

150[Repealed]

s 150 om 2014 No. 29s 34

151[Repealed]

s 151 amd 2000 No. 8s 263sch 3

om 2014 No. 29s 34

152[Repealed]

s 152 om 2014 No. 29s 34

Part 3 Leases

ch 4 pt 3 div 1D hdg ins 2010 No. 12 s 112

om 2011 No. 25 s 101

Division 1 Preliminary

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. 19s 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. 19s 66; 2009 No. 46s 114; 2013 No. 23s 352sch 1pt 1

Division 1A Length of term on issue of term lease

div 1A hdg ins 2010 No. 12s 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. 41s 4; 2007 No. 19s 67 (amd 2007 No. 48s 40); 2010 No. 12s 107; 2013 No. 2s 120; 2013 No. 23s 65; 2014 No. 29s 35

Division 1B Extension of particular term leases

div 1B hdg ins 2010 No. 12s 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 1,000ha 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. 12s 108

amd 2013 No. 23s 66; 2014 No. 29s 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. 19s 68

sub 2010 No. 12s 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. 19s 68

sub 2010 No. 12s 108

amd 2013 No. 2s 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. 12s 108

amd 2013 No. 2s 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. 19s 68

amd 2010 No. 12s 109

Division 1C Reduction of particular term leases

div 1C hdg ins 2010 No. 12s 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. 29s 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. 19s 68

sub 2010 No. 12s 110

amd 2013 No. 2s 123; 2014 No. 29s 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. 12s 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. 19s 68

amd 2010 No. 12s 111; 2013 No. 23s 352sch 1pt 1

156[Repealed]

s 156 amd 1995 No. 57s 4sch 1

om 2011 No. 25s 101

Division 2 Expiry, renewal and extension

div 2 hdg sub 2014 No. 29s 39

Subdivision 1 Expiry

sdiv 1 hdg ins 2014 No. 29s 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. 23s 352sch 1pt 1; 2014 No. 29s 40

Subdivision 2 Renewal

sdiv 2 hdg ins 2014 No. 29s 41

157AA Limited application of sdiv 2

This subdivision does not apply to a rolling term lease.

s 157AA ins 2014 No. 29s 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. 19s 69

amd 2014 No. 29s 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. 57s 4sch 1; 2007 No. 19s 70; 2010 No. 12s 113; 2013 No. 23s 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. 19s 71; 2013 No. 2s 124; 2013 No. 23 ss 68, 352 sch 1pt 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. 19s 72

amd 2010 No. 12s 114; 2013 No. 23s 352sch 1pt 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. 4s 20; 2007 No. 19s 73; 2013 No. 23s 352sch 1pt 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. 19s 75

amd 2010 No. 12s 115; 2013 No. 23s 352sch 1pt 1; 2014 No. 29s 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. 4s 21

Subdivision 3 Extensions of rolling term leases

sdiv 3 hdg ins 2014 No. 29s 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 (a tourism lease);
(b)it is a lease that—
(i)includes tidal water land the subject of a covenant ensuring the lease may only be transferred to a person if a tourism lease is also transferred to the person; and
(ii)the Minister has approved as a rolling term lease;
(c)it is a lease used for agriculture, grazing or pastoral purposes and the lease land is—
(i)rural leasehold land the area of which is 100ha or more; or
(ii)rural leasehold land the area of which is less than 100ha and the Minister has approved the lease as a rolling term lease; or
(iii)land that is not rural leasehold land and is not within a nature conservation area or specified national park;
(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.
(3)In this section—
tidal water land means land that, under section 9(1), is the property of the State and may be dealt with as unallocated State land.

s 164 amd 2013 No. 23s 71

sub 2014 No. 29s 46

amd 2016 No. 22 s 39; 2017 No. 10 s 9

164AApproval of lease as a rolling term lease

(1)The Minister may approve a lease as a rolling term lease under section 164(1)(b) only if improvements on the lease land—
(a)are a part of a significant development; and
(b)facilitate the tourism purposes of the tourism lease mentioned in section 164(1)(b)(i).
(2)The Minister may approve a lease used for agriculture, grazing or pastoral purposes as a rolling term lease under section 164(1)(c)(ii) 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. 29s 46

amd 2016 No. 22 s 40; 2017 No. 10 s 10

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—
(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—as soon as practicable after it becomes a rolling term lease.

s 164B ins 2014 No. 29s 46

amd 2016 No. 22 s 41; 2017 No. 10 s 42 sch 1 pt 1

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 once during each term of the lease.
(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.
(8)In this section—

original term, of a lease, see section 164E(3).
term, of a rolling term lease, means each of the following—
(a)the original term of the lease;
(b)the term of each extension of the lease under this subdivision.

Note—

Section 164F(1) provides for when an extension of a lease under this subdivision commences and ends.

s 164C ins 2014 No. 29s 46

amd 2017 No. 10 s 11

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. 29s 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 a lease to which section 164C(3) applies—the term, not longer than the original term of the lease, 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. 29s 46

amd 2017 No. 10 s 12

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. 29s 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. 29s 46

Subdivision 4 Possible extension instead of renewal

sdiv 4 hdg ins 2014 No. 29s 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 section 164(1) 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. 29s 46

amd 2016 No. 22 s 42; 2017 No. 10 s 42 sch 1 pt 1

Division 3 Conversion of tenure

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. 19s 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. 19s 77; 2010 No. 12s 116; 2013 No. 23s 72; 2014 No. 29s 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. 19s 78; 2009 No. 5s 33; 2013 No. 23 ss 73, 352 sch 1pt 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. 4s 22; 2007 No. 19s 79; 2013 No. 23s 352sch 1pt 1; 2014 No. 29s 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. 19s 81; 2010 No. 12s 117; 2014 No. 29s 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. 19s 82; 2014 No. 29s 51; 2014 No. 45s 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. 29s 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. 19s 83

amd 2013 No. 23s 352sch 1pt 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.

Division 4 Subdividing leases

div 4 hdg ins 2007 No. 19s 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. 19s 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. 19s 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. 19s 87

amd 2010 No. 12s 118; 2013 No. 23s 76; 2014 No. 29s 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. 19s 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. 19s 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. 19s 87

amd 2013 No. 23s 352sch 1pt 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. 19s 87

176FAcceptance of subdivision offer

The subdivision offer is accepted only if the applicant complies with its conditions.

s 176F ins 2007 No. 19s 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. 19s 87

176H[Repealed]

s 176H ins 2007 No. 19s 87

om 2014 No. 29s 55

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. 19s 87

Division 5 Amalgamating leases

div 5 hdg ins 2007 No. 19s 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. 19s 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. 19s 87

amd 2014 No. 29s 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. 19s 87

amd 2010 No. 12s 119; 2013 No. 23s 77; 2014 No. 29s 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. 19s 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. 19s 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. 19s 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. 19s 87

amd 2013 No. 23s 352sch 1pt 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. 19s 87

176RAcceptance of amalgamation offer

The amalgamation offer is accepted only if the applicant complies with its conditions.

s 176R ins 2007 No. 19s 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. 19s 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. 19s 87

Division 6 Land management agreements

div 6 hdg ins 2007 No. 19s 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. 19s 87

amd 2014 No. 29s 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. 23s 78

amd 2014 No. 29s 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. 19s 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. 19s 87

amd 2010 No. 12s 120; 2014 No. 29s 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. 19s 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. 29s 61

Division 7 Miscellaneous provisions

div 7 hdg ins 2007 No. 19s 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. 19s 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. 19s 87

amd 2014 No. 29s 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. 19s 87

amd 2014 No. 29s 63

Part 4 Permits to occupy particular land

pt 4 hdg amd 2007 No. 19s 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. 4s 24; 2007 No. 19s 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. 19s 90

amd 2013 No. 23s 79

177DNotice of permit

(1)If the chief executive issues a permit, notice of its issue must be given to each entity given a notice about the proposed permit under section 177A.
(2)If the permit is for a term of 12 months or more, the notice must state the day the permit was registered.

s 177D ins 2007 No. 19s 90

amd 2013 No. 23 ss 80, 352 sch 1pt 1

178Permits for land in area of tidal influence

A permit 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 issued only if—
(a)it would not unduly affect safe navigation and sound development of the State’s waterways and ports; and
(b)its impact on marine infrastructure has been considered; and
(c)it would not have a detrimental effect on coastal management; and
(d)it would not be inconsistent with the intent of any relevant State management plan.

s 178 amd 2010 No. 12s 168

179Fencing

(1)If an existing fence of a property not owned by an applicant for a permit is to be used as a boundary fence for the permit, a written agreement on conditions about the maintenance of the fence must be given to the chief executive before the permit is issued.
(2)The agreement must be signed by the owner of the fence and the applicant for the permit.

180When permit may be cancelled or surrendered

(1)A permit may be cancelled if—
(a)the permittee contravenes a provision of this Act in relation to the permit; or
(b)the permittee has more than 1 conviction, not including any spent convictions, for a vegetation clearing offence, regardless of whether any of the offences were committed on the permit land; or
(c)the chief executive, having evaluated the land under section 16, considers the permit is not consistent with the most appropriate tenure and use for the land; or
(d)for a permit for a reserve—the chief executive considers it appropriate for the trustee of the reserve to manage the reserve free of the permit; or
(e)for a permit for a State-controlled road—the chief executive considers it appropriate for the chief executive of the department in which the Transport Infrastructure Act 1994 is administered to control the road free of the permit; or
(f)for a permit for a road that is under the control of a local government—the chief executive considers it appropriate for the local government to control the road free of the permit; or
(g)the chief executive considers the cancellation is in the interests of the State, having regard to the public interest.
(2)A permittee may surrender a permit—
(a)on terms agreed to between the chief executive and the permittee; and
(b)with the chief executive’s written approval.

s 180 sub 2007 No. 19s 91 (amd 2007 No. 57s 21)

amd 2013 No. 23s 81

180AApplying to cancel or surrender permit

(1)A relevant entity for a permit may apply to cancel the permit.
(2)However, before applying, the relevant entity must give notice of the entity’s intention to apply to—
(a)the permittee; and
(b)any other entity with a registered interest in the permit land.
(3)Also, a relevant entity for a permit can not apply to cancel the permit if the relevant entity is a non-core utility provider.
(4)The relevant entity may also give notice to any other entity the relevant entity considers has an interest in the permit land.
(5)A permittee may apply to surrender the permit.
(6)In this section—
relevant entity, for a permit, means all of the following—
(a)a public utility provider;
(b)if the permit land is a reserve—the trustee of the reserve;
(c)if the permit land is a road—an adjoining owner of land adjoining the road.
(i)that the entity given the notice may make a submission against the proposed cancellation to the chief executive;
(ii)that the submission must be in the approved form;
(iii)the closing day for the submission;
(iv)the place where or the way the submission must be lodged.

s 180A ins 2007 No. 19s 91

amd 2013 No. 23s 82

180C[Repealed]

s 180C ins 2007 No. 19s 91

om 2013 No. 39s 43sch 1

180DWhen cancellation or surrender is effective

(1)A permit may be cancelled by registering a cancellation notice for the permit.
(2)A permit may be surrendered by registering a surrender notice for the permit.
(3)The cancellation or surrender takes effect on the day the cancellation notice or surrender notice is registered.

s 180D ins 2007 No. 19s 91

180ENotice about cancellation or surrender

(1)The chief executive must give notice about the cancellation or surrender of a permit to—
(a)if the permit is cancelled—
(i)the applicant; and
(ii)each entity given a notice under section 180A; and
(b)if the permit is surrendered—each entity with a registered interest in the permit land.
(2)The notice under subsection (1) must state all of the following—
(a)the day the cancellation or surrender has effect;
(b)that the permit is ended and the permittee is divested of any interest in the permit land;
(c)if the notice is about the cancellation of a permit—no compensation is payable for the cancellation;
(d)if there are improvements on the permit land owned by the permittee—that the permittee may apply to remove the improvements.
(3)If the chief executive decides not to cancel or surrender a permit, notice of the fact must be given to—
(a)the permittee; and
(b)if the application was to cancel the permit—each entity given a notice under section 180A.

s 180E ins 2007 No. 19s 91

amd 2013 No. 23 ss 83, 352 sch 1pt 1

180FEffect of cancellation or surrender

On the cancellation or surrender of a permit—
(a)the permit ends; and
(b)the permittee is divested of any interest in the permit land; and
(c)if the permit is cancelled—no compensation is payable for the cancellation.

s 180F ins 2007 No. 19s 91

180GPermittee to give up possession on cancellation or surrender

(1)On the cancellation or surrender of a permit, the permittee must immediately vacate the permit land.
(2)If the permittee does not give up possession under subsection (1), and is not otherwise entitled to be in possession, the permittee is a person who is unlawfully occupying the land.

Note—

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

s 180G ins 2007 No. 19s 91

180HDealing with improvements

(1)A permittee for a permit that is cancelled or surrendered may apply to remove the permittee’s improvements on the permit land.
(2)The permittee may remove the improvements only—
(a)with the written approval of the chief executive; and
(b)within the period stated in the approval.
(3)The improvements become the property of the State unless they are removed under subsection (2).

s 180H ins 2007 No. 19s 91

Chapter 5 Matters affecting land holdings

ch 5 pt 1 hdg om 2014 No. 29s 64

ch 5 pt 1 div 1 hdg om 2014 No. 29 s 64

ch 5 pt 1 div 2 hdg om 2014 No. 29 s 64

ch 5 pt 1 div 3 hdg om 2014 No. 29 s 64

ch 5 pt 1 div 4 hdg om 2014 No. 29 s 64

ch 5 pt 1A hdg ins 2007 No. 19 s 103

om 2013 No. 23 s 86

Part 2 Conditions

Division 1 General mandatory conditions

div 1 hdg sub 2007 No. 19s 104

181[Repealed]

s 181 amd 2007 No. 19s 92

om 2014 No. 29s 64

183AA[Repealed]

s 183AA ins 2007 No. 19s 95

om 2014 No. 29s 64

183B[Repealed]

s 183B ins 2013 No. 23s 84

om 2014 No. 29s 64

186[Repealed]

s 186 om 2014 No. 29s 64

187[Repealed]

s 187 om 2014 No. 29s 64

188[Repealed]

s 188 om 2014 No. 29s 64

189[Repealed]

s 189 om 2000 No. 2s 15

193[Repealed]

s 193 om 2014 No. 29s 64

194[Repealed]

s 194 om 2014 No. 29s 64

194A[Repealed]

s 194A ins 1997 No. 78s 44

om 2014 No. 29s 64

195[Repealed]

s 195 amd 2007 No. 19s 99

om 2014 No. 29s 64

198[Repealed]

s 198 amd 2007 No. 19s 102

om 2014 No. 29s 64

198A[Repealed]

s 198A ins 2007 No. 19 s 103

om 2013 No. 23 s 86

198B[Repealed]

s 198B ins 2007 No. 19 s 103

om 2013 No. 23 s 86

198COperation of div 1

(1)This division provides for particular conditions of leases, licences and permits.
(2)Each condition under this division or under another provision mentioned in schedule 1A, that applies to a lease, licence or permit is a mandatory condition of the lease, licence or permit.
(3)This division does not limit the conditions that the designated officer may, under division 2 or another provision of this Act, impose on a lease, licence or permit, or that are regulated conditions of a lease, licence or permit under division 3A.

s 198C ins 2007 No. 19s 104

amd 2014 No. 29s 65

198DMandatory conditions need not be registered

To remove any doubt, it is declared that a mandatory condition of a lease, licence or permit binds the lessee, licensee or permittee even though the condition is not registered.

s 198D ins 2007 No. 19s 104

199Duty of care condition

(1)All leases, licences and permits are subject to the condition that the lessee, licensee or permittee has the responsibility for a duty of care for the land.
(2)If a lease is issued for agricultural, grazing or pastoral purposes, the lessee’s duty of care includes that the lessee must take all reasonable steps to do the following in relation to the lease land—
(a)avoid causing or contributing to land salinity that—
(i)reduces its productivity; or
(ii)damages any other land;
(b)conserve soil;
(c)conserve water resources;
(d)protect riparian vegetation;
(e)maintain pastures dominated by perennial and productive species;
(f)maintain native grassland free of encroachment from woody vegetation;
(g)manage any declared pest;
(h)conserve biodiversity.

s 199 amd 1997 No. 78s 45; 2007 No. 19s 105

199ALand may be used only for tenure’s purpose

(1)Licence land or permit land may be used only for the purpose for which the licence or permit was issued.
(2)Lease land may be used only for—
(a)the purpose for which the lease was originally issued; or
(b)if the purpose is changed under section 154, the purpose of the lease as changed.
(3)Lease land the subject of a term lease for pastoral purposes may be used only for agricultural or grazing purposes, or both.
(4)Despite subsections (2) and (3) lease land may be used under an approved agreement for an indigenous cultural interest for the lease land.

s 199A ins 2007 No. 19s 106

sub 2013 No. 2s 126

200Noxious plants condition

(1)All leases, licences and permits are subject to the condition that the lessee, licensee or permittee must keep noxious plants on the land under control.
(2)If a person does not comply with subsection (1), the Minister may bring the noxious plants under control.
(3)The Minister’s cost of bringing the noxious plants under control is a debt owing to the State and may be recovered from the person in a court of competent jurisdiction.

201Information condition

All leases, licences and permits are subject to the condition that the lessee, licensee or permittee must give the Minister the information the Minister asks for about the lease, licence or permit.

202Improvement condition

A term lease for pastoral purposes is subject to the condition that the lessee not make improvements or carry out development work on the lease within 2 years of the expiry of the lease, without the Minister’s written approval.

202AA Notice to transferee if lease land subject to indigenous cultural interest

(1)This section applies if—
(a)a lease is transferred; and
(b)the lease land is subject to an indigenous cultural interest.
(2)The lease is subject to the condition that the lessee must, within 28 days after registration of the transfer, give notice of the transfer, and the effect of section 373ZK(2), to—
(a)if the approved agreement for the indigenous cultural interest is an indigenous access and use agreement—the indigenous parties for the interest; or
(b)if the approved agreement for the indigenous cultural interest is an indigenous land use agreement—
(i)the native title parties to the agreement, at their address as recorded in the Commonwealth ILUA register; and
(ii)the native title registrar.

s 202AA ins 2013 No. 2s 127

amd 2013 No. 23s 352sch 1pt 1

202AB Notice to sublessee if lease land is or is to be subject to indigenous cultural interest

(1)Subsection (2) applies if—
(a)a proposed sublease is to be over lease land; and
(b)the lease land is subject to an indigenous cultural interest.
(2)The lessee for the lease land must give the sublessee a copy of the approved agreement for the indigenous cultural interest at least 28 days before the start of the sublease.

Maximum penalty—50 penalty units.

(3)Subsection (4) applies if—
(a)a sublease is over lease land; and
(b)the lease land is to be subject to an indigenous cultural interest.
(4)The lessee for the lease land must give the sublessee a copy of the approved agreement for the indigenous cultural interest at least 28 days before the indigenous cultural interest is registered.

Maximum penalty—50 penalty units.

s 202AB ins 2013 No. 2s 127

Division 2 Imposed conditions

div 2 hdg sub 2007 No. 19s 107

202AOperation of div 2

(1)This division provides for conditions that may be imposed on leases, licences and permits.
(2)Each condition decided as a condition of a lease, licence or permit under this division, division 3, section 159, 167, 176A, 176L, 214E or a transition to sale agreement is an imposed condition of the lease, licence or permit.
(3)An imposed condition of a lease, licence or permit binds the lessee, licensee or permittee as well as any mandatory condition or regulated condition of the lease, licence or permit.
(4)This section is subject to section 202B.

s 202A sub 2007 No. 19s 107

amd 2014 No. 29s 67

202BImposed condition must be registered

A condition decided under this division, section 159, 167, 176A, 176L, 214E or a transition to sale agreement becomes an imposed condition of a lease, licence or permit and binds the lessee, licensee or permittee only if the condition is registered.

s 202B sub 2007 No. 19s 107

203Typical conditions

A lease may be subject to any of the following conditions—
(a)about improvements or development on or to the land;
(b)about the care, sustainability and protection of the land;
(c)about the conversion or renewal of the lease;
(d)about the transfer or sublease of the lease;
(e)about the provision of reasonable services, roads and infrastructure external to but servicing the land;
(f)about time frames and milestones for finishing conditions over the term of the lease;
(h)other conditions the Minister considers appropriate.

s 203 amd 2004 No. 4s 27; 2007 No. 19s 108; 2014 No. 29s 65

204Survey condition

(1)A lease, licence or permit may be subject to a condition (a survey condition) that the land must be surveyed under the Survey and Mapping Infrastructure Act 2003 by, and at the cost of, the lessee, licensee or permittee.
(2)A survey condition may set a time within which the survey plan must be lodged in the land registry.
(3)If the person is able to demonstrate a good reason for not fulfilling a survey condition within the time stated, the Minister may extend the time.
(4)If a person does not comply with subsection (2), the Minister may arrange for the survey to be carried out or finished and charge the person the cost of the survey.

s 204 amd 2003 No. 70s 206sch 2

205Tied condition

(1)A lease may be subject to a condition (a tied condition) that it is tied to other land.
(2)Subsection (1) may apply even if both parcels of land are different tenures.
(3)It is a breach of condition of the lease if the lease or the other land are disposed of independent of each other.

206Personal residence condition

(1)A lease may be subject to a condition (a personal residence condition) that the lessee personally lives on the lease for the first 7 years of its term.
(2)A personal residence condition applies to leases—
(a)obtained at ballot; and
(b)to which the Minister considers it should apply; and
(c)if the lease was issued under the repealed Act and the lease or opening notification contained a personal residence condition.
(3)A personal residence condition does not apply for the first 3 months of a lease.
(4)A lessee must not transfer a lease still subject to a personal residence condition.
(5)A lessee may not sublease a lease during the first 3 years that the lease is subject to a personal residence condition.
(6)After the first 3 years, the lessee may sublease the lease only if the lessee continues with the personal residence condition.
(7)The Minister, by separate notice, may cancel or temporarily suspend a personal residence condition.

s 206 amd 2013 No. 23s 352sch 1pt 1

207Another person may complete personal residence condition

(1)If, while a personal residence condition still applies to a lease—
(a)a lessee dies—the condition may be performed by a person beneficially interested in the lease, or by a person appointed by the executor of the estate of the lessee; or
(b)an administrator under the Guardianship and Administration Act 2000 is appointed for a lessee—the condition may be performed by a family member or the administrator; or
(c)a lessee becomes bankrupt—the condition may be performed by a person appointed by the trustee in bankruptcy; or
(d)the lease comes under the control of or is vested in the public trustee—the condition may be performed by a person appointed by the public trustee.
(2)A person fulfilling a personal residence condition must be eligible to be a lessee under this Act.
(3)If a lessee carrying out a personal residence condition is a joint tenant or holder of a joint interest in common, another of the joint tenants or holders of the joint interest in common may perform the condition.

s 207 amd 2000 No. 8s 263sch 3

208Resumption condition

(1)A lease may be subject to a condition that—
(a)all or part of the lease may be resumed by giving the lessee 6 months notice; and
(b)if all or part of the lease is resumed—compensation will be paid only for improvements on the part of the lease resumed.
(2)To remove any doubt, it is declared that no compensation is payable for the part of the lease resumed.

s 208 amd 2013 No. 23s 352sch 1pt 1

209Performance security condition

(1)A lease, licence and permit may include a condition that the lessee, licensee or permittee give performance security for failure to comply with conditions under the lease, licence or permit.
(2)The Minister may approve a change of the amount of the performance security during the term of the lease, licence or permit.

Division 3 Changing and reviewing imposed conditions

div hdg sub 2007 No. 19s 109

210Power to change imposed condition of lease, licence or permit by agreement

(1)The designated officer for a lease, licence or permit may, with the lessee’s, licensees’s or permittee’s agreement, change an imposed condition of the lease, licence or permit.
(2)A lessee, licensee or permittee may apply for a change under this section.
(3)The application must be accompanied by the written consent of all persons with a registered interest in the lease land.
(4)However, consent under subsection (3) must not be unreasonably withheld.
(5)A change made under this section must be registered.
(6)The change has no effect until it is registered.
(7)Once the change is registered, the imposed condition is taken to be the condition as amended by the change.
(8)No fee is payable for registering the change.
(9)In this section—
change, an imposed condition, includes extending the period within which the condition must be complied with.

s 210 amd 1995 No. 57s 4sch 1; 2000 No. 2s 16

sub 2007 No. 19s 110

211Reviewing imposed conditions of lease

(1)If, under section 176X, the Minister is reviewing a land management agreement for a lease, the Minister must also review the imposed conditions of the lease.
(2)If there is no land management agreement for a lease, the Minister must consider whether to carry out a review (a standard review) of the imposed conditions of the lease at least once every 15 years after the lease started.
(3)However, a standard review must not be made within 10 years after the lease started or after its last standard review.
(4)A review under this section must be carried out in consultation with the lessee.

s 211 amd 2004 No. 4s 28

sub 2007 No. 19s 111

amd 2014 No. 29s 69

212Minister may change imposed conditions after review

(1)After reviewing a lease, the Minister may decide, with or without the lessee’s agreement, to change an imposed condition (a review change) about the protection and sustainability of the lease land.
(2)The lessee must be given notice of the decision and the reasons for the decision.
(3)The lessee may appeal against the decision if the lessee considers the change is not necessary to protect or help the sustainability of the lease land.
(4)On the first business day after the appeal expiration day for the decision, the change must be lodged for registration.
(5)The change has no effect until it is registered.
(6)Once the change is registered, the imposed condition is taken to be the condition as amended under the change.
(6A)No fee is payable for registering the change.
(7)No compensation is payable by the State for a review change.

s 212 amd 2000 No. 2s 17; 2007 No. 19s 112; 2013 No. 23s 352sch 1pt 1

Division 3A Regulated conditions

div 3A hdg ins 2014 No. 29 s 70

212AOperation of div 3A

(1)This division provides for particular conditions of leases, licences or permits that are provided for under a regulation.
(2)Each condition that a regulation states is a condition of a lease, licence or permit is a regulated condition of the lease, licence or permit.
(3)A regulated condition of a lease, licence or permit binds the lessee, licensee or permittee as well as any mandatory condition or imposed condition of the lease, licence or permit.

s 212A ins 2014 No. 29s 70

amd 2017 No. 10 s 42 sch 1 pt 2

212BRegulation may impose conditions

(1)A regulation may impose a condition on a category of leases, licences or permits.
(2)If a lease is of a category of leases to which a regulated condition applies, the lease becomes subject to that regulated condition when, under this Act—
(a)it is first granted; or
(b)if it is a term lease—
(i)it is granted as a renewed lease; or
(ii)its term is extended, other than for an extension under section 434B.
(3)If a licence or permit is of a category of licences or permits to which a regulated condition applies, the licence or permit becomes subject to that regulated condition when it is issued under this Act.
(4)If a lease, licence or permit is subject to a regulated condition (the original condition) and the regulation is amended to change or omit the original condition, the lease, licence or permit continues to be subject to the original condition as if it had not been changed or omitted.
(5)However, the designated officer for the lease, licence or permit may, if considered appropriate, and with the agreement of the lessee, licensee, or permittee—
(a)omit the original condition from the lease, licence or permit if the regulated condition is omitted from the regulation; or
(b)change the original condition if the regulated condition is changed in the regulation.
(6)Without limiting subsection (1), a category of leases may be identified for the purposes of a regulation under this section having regard to any of the following—
(a)whether the leases are freeholding leases, perpetual leases or term leases;
(b)their rental categories;
(c)what area of Queensland they are located in;
(d)a combination of any of the matters mentioned in paragraphs (a) to (c).

s 212B ins 2014 No. 29s 70

212CRegulated conditions need not be registered

To remove any doubt, it is declared that a regulated condition of a lease, licence or permit binds the lessee, licensee or permittee even though the condition is not registered.

s 212C ins 2014 No. 29s 70

Division 4 Compliance with conditions

213Obligation to perform conditions

(1)A lessee, licensee or permittee must perform all of the conditions of the person’s tenure, to the satisfaction of the designated officer for the type of tenure.
(2)If the lessee, licensee or permittee does not comply with subsection (1) the tenure may be cancelled or forfeited.
(3)However, if the tenure is a lease, subsection (2) does not apply to a failure to comply with a land management agreement for the lease.

Note—

A breach of a condition of a lease that the lessee comply with a land management agreement for the lease may be dealt with by a remedial action notice.
(4)To remove any doubt, it is declared that if no action is taken on a breach of condition of the tenure, it is not a waiver of, authorisation of or excuse for the breach.
(5)In this section—
conditions, of a tenure, means all of its mandatory conditions, imposed conditions and regulated conditions.
tenure means—
(a)for a lessee—the lessee’s lease; or
(b)for a licensee—the licensee’s licence; or
(c)for a permittee—the permittee’s permit.

s 213 sub 2007 No. 19s 113

amd 2013 No. 23s 352sch 1pt 1; 2014 No. 29s 71

Division 5 Remedial action

div 5 hdg ins 2007 No. 19s 113

214Minister’s power to give remedial action notice

(1)The Minister may give a lessee or licensee a notice (a remedial action notice) to take stated remedial action, within the reasonable time stated in the notice, if—
(a)a ground for giving the notice exists; and
(b)section 214A has been complied with.
(2)For subsection (1)(a) a ground for giving the notice is that—
(a)the Minister is satisfied the lessee or licensee is—
(i)using the lease land or licence land—
(A)in a way that is not fulfilling the lessee’s or licensee’s duty of care for the land, under section 199; or
(B)in a way that is likely to cause, or that has caused, land degradation; or
(ii)breaching a condition of the lease or licence, other than a condition that there must be a land management agreement for the lease; or

Note—

A lease may be forfeited under section 234(b) for breach of a condition of the lease that there must be a land management agreement for the lease.
(iii)in contravention of a provision of this Act in relation to the lease or licence; or
(b)the Minister has carried out a review under section 176X and, because of the review, the Minister considers that the stated remedial action is necessary or desirable.
(3)If the notice relates to a lease and there is a land management agreement for the lease, the remedial action may include requiring the lessee to enter into an amended or a new land management agreement for the lease that includes stated provisions.
(4)The lessee or licensee must be given a notice of the decision to give the remedial action notice and the reasons for the decision.

s 214 amd 1999 No. 90s 87; 2000 No. 2s 18

sub 2007 No. 19s 113

amd 2013 No. 23s 352sch 1pt 1

214ASteps required before giving remedial action notice

(1)This section applies if the Minister proposes to give a lessee or licensee a remedial action notice.
(2)The Minister must give the lessee or licensee a notice (a warning notice) stating each of the following—
(a)that the Minister proposes to give the lessee or licensee a remedial action notice;
(b)the remedial action under the proposed remedial action notice;
(c)the grounds for giving the proposed remedial action notice;
(d)the facts and circumstances that are the basis for the grounds;
(e)that the lessee or licensee may, within the reasonable period stated in the warning notice, make written submissions to show why the proposed remedial action notice should not be given.
(3)The submissions may include a plan (a remedial action plan) for the taking of action to remedy the ground for the giving of the remedial action notice.
(4)The Minister must consider any written submissions made under subsection (3) within the stated period.
(5)The Minister may give the remedial action notice if, after complying with subsection (4), the Minister still believes the notice ought to be given.
(6)Without limiting subsection (5), the Minister may give the remedial action notice if the lessee or licensee does not, at any time, comply with any remedial action plan included in the submissions.
(7)The remedial action required under the remedial action notice may be different to the remedial action stated in the warning notice.

s 214A ins 2007 No. 19s 113

214BAppeal against decision to give remedial action notice

A lessee or licensee to whom a remedial action notice has been given may appeal against the decision to give the notice.

s 214B ins 2007 No. 19s 113

214CAdditional condition of lease or licence to take required remedial action

(1)This section applies if a lessee or licensee is given a remedial action notice.
(2)The notice must be registered.
(3)On registration of the notice, it is a condition of the lease or licence the subject of the notice that the lessee or licensee must, from the day the notice is given, take the action required under the notice.
(4)However, if any appeal against the decision to give the notice is upheld—
(a)the notice is cancelled and it is taken never to have been registered or to have had any effect; and
(b)the cancellation must be registered; and
(c)the condition is taken never to have been a condition of the lease.
(5)No compensation is payable by the State in relation to the condition or anything required to be done under the notice before its cancellation.
(6)No fee is payable for registration under this section.

s 214C ins 2007 No. 19s 113

214DFailure to comply with remedial action notice

(1)A lessee or licensee to whom a remedial action notice has been given must comply with the notice unless the lessee or licensee has a reasonable excuse.

Maximum penalty—400 penalty units.

Note—

This provision is an executive liability provision—see section 431J.
(2)If a person is convicted of an offence against subsection (1), the court may, as well as imposing a penalty for the offence, order (a remedial action order) the person to comply with all or part of the remedial action notice.

s 214D ins 2007 No. 19s 113

amd 2013 No. 51s 229sch 1

214EPower to reduce term of lease or impose additional conditions

(1)This section applies if a lessee is convicted of an offence against section 214D(1), whether or not a remedial action order is made.
(2)The Minister may decide to do all or any of the following—
(a)reduce the term of the relevant lease;
(b)impose additional conditions on the lease;
(c)require a land management agreement to be entered into for the lease land.
(3)However, the Minister can not reduce the term by an amount that results in the lease no longer having an unexpired term.

Note—

Under section 234(f), a breach of a remedial action order is a ground for forfeiting a lease.
(4)If the relevant lease is a perpetual lease, the reduction may be made by changing the lease to a term lease of a stated term.

s 214E ins 2007 No. 19s 113

amd 2010 No. 12s 124

214FProvisions about reduction or additional conditions

(1)This section applies if, under section 214E(2), the Minister decides to reduce the term of, or impose additional conditions on, a lease.
(2)The lessee must be given a notice of the decision and the reasons for it.
(3)The lessee may appeal against the decision.
(4)The decision does not take effect until the first business day after the appeal expiration day for the decision.
(5)As soon as practicable after the decision takes effect, the reduction or additional conditions must be registered.
(6)The reduction or additional conditions have effect from their registration.
(7)No fee is payable for registration under this section.
(8)No compensation is payable by the State for the reduction or the imposition of the additional conditions.

s 214F ins 2007 No. 19s 113

amd 2013 No. 23s 352sch 1pt 1

Part 3 Resumption and compensation

Division 1 Resumption of a lease or easement

215Application of division

(1)This division applies to the resumption of a lease and the taking or cancellation of an easement.
(2)However, the division does not apply to—
(a)the resumption of a lease under a condition of the lease; or

Note—

See division 2.
(b)the resumption of possession of part of a lease subject to a reservation.

Note—

See division 3.

s 215 amd 2013 No. 23s 352sch 1pt 1

216Resumption of lease

(1)A lease or part of a lease may be resumed by order in council.
(2)If an easement over a lease is adequate for a purpose, an order in council may take an easement over the lease instead of resuming the lease.
(3)The taking of an easement is a resumption under this division.
(4)An order in council under this part is not subordinate legislation.

217Resumption of an easement

(1)An easement over unallocated State land or a reserve may be cancelled by order in council.
(2)The cancellation of an easement is a resumption under this division.

218Resumption for constructing authorities

(1)A resumption may be for a constructing authority other than the State.
(2)The costs incurred by the State for the resumption must be paid by the constructing authority.
(3)The costs incurred are payable even if the resumption is discontinued.
(4)Costs outstanding are a debt payable to the State and may be recovered by the State from the constructing authority in a court of competent jurisdiction.
(5)This section is subject to the Acquisition of Land Act 1967, section 5(3).

Note—

Under the Acquisition of Land Act 1967, section 5(3) the resumption must be for a purpose for which a constructing authority may take land.

s 218 amd 2013 No. 23s 352sch 1pt 1

219Effect of resumption

(1)If a lease or part of a lease is resumed under this division, the land the subject of the interest comprising the lease or the part of the lease is free of any interest or obligation arising under the lease.
(2)If an easement is taken, the rights in the easement vest—
(a)in the State; or
(b)if the resumption is made for a constructing authority—in the constructing authority.
(3)Every person who has a lawful interest in—
(a)a resumed lease, or part of a resumed lease; or
(b)part of a lease affected by the taking of an easement; or
(c)an easement cancelled by order in council;

(a compensation claimant) has a right to claim compensation as prescribed by the Acquisition of Land Act 1967.

s 219 amd 1997 No. 78s 46

220Service of order in council

(1)The Minister must serve a copy of the order in council on each person who has a registered interest in—
(a)the lease affected by the resumption; or
(b)the easement cancelled.
(2)The copy must be served immediately after notification of the order in council in the gazette.
(3)Failure to comply with subsection (1) or (2) does not affect the validity of the order in council.

s 220 amd 1997 No. 78s 47

221Application of Acquisition of Land Act 1967

(1)The Acquisition of Land Act 1967, part 4 applies to a claim for compensation for a resumption under this division with the following changes—
(a)a reference to a constructing authority is a reference to the State;
(b)a reference to the owner of land is a reference to the lessee of the lease affected by the resumption;
(c)the compensation claimant refers the claim for compensation to the court by filing in the office of the registrar of the court—
(i)copies of the claim given by the claimant to the State; and
(ii)a copy of the order in council that effected the resumption;
(d)all other necessary changes and any changes prescribed under the regulations.

Note—

The Acquisition of Land Act 1967, part 4 is about the assessment and payment of compensation.
(2)If a resumption is made of a freeholding lease that has been converted from a perpetual lease, the compensation payable must not be less than the compensation that would have been payable had the conversion not happened.

s 221 amd 2013 No. 23s 352sch 1pt 1

222Revoking a resumption

(1)A resumption may be revoked by repealing the order in council effecting the resumption.
(2)The revocation may be made only before compensation has been paid or decided by the court.
(3)On repeal of the order in council, the resumption is taken not to have happened.
(4)However, a compensation claimant is entitled to claim compensation only for loss, reasonable costs and expenses incurred by the claimant in relation to the resumption before it was revoked.
(5)The Minister must decide the amount of the loss, costs and expenses.
(6)The compensation claimant may appeal against the Minister’s decision.

Division 2 Resumption of a lease under a condition of the lease

223Application of division

This division applies to a lease containing a condition that all or part of the lease may be resumed.

224Resumption of lease

(1)A lease or part of a lease may be resumed by the Minister.
(2)However, the resumption must be in accordance with the condition in the lease allowing the resumption.

225Effect of resumption

(1)If a lease or part of a lease is resumed under this division, the land the subject of the interest comprising the lease or the part of the lease is free of any interest or obligation arising under the lease.
(2)The owner of lawful improvements on the lease has the right to claim the compensation allowed under this division.
(3)To remove any doubt, it is declared that the lessee is the owner of improvements made to the lease by the State only if the lessee has paid for the improvements.

s 225 amd 1997 No. 78s 48

226Compensation limited to improvements

(1)Compensation for a resumption under this division is payable only for lawful improvements on the lease or part of the lease resumed.
(2)The compensation is the value of the improvements on the day the resumption takes effect.
(3)The Minister must decide the compensation payable.
(4)The value of the improvements must be assessed as their market value in a sale of the lease if the lease had not been resumed.
(5)The lessee may appeal against the Minister’s decision.

227Development work an improvement

For this division, development work is taken to be an improvement.

Division 3 Resumption of a reservation for a public purpose

228Application of division

This division applies to a lease, a deed of grant or a deed of grant in trust, containing a reservation for a public purpose and states the area of land reserved.

229Resumption of reservation

(1)Possession of the area or part of the area of a lease, deed of grant or deed of grant in trust reserved for a public purpose may be resumed by order in council.
(2)If the reservation area is identified by description, the resumption may apply only to the land described.
(3)If the reservation area is not identified by description, possession of any part of the lease, deed of grant or deed of grant in trust, up to the total area of the reservation, may be resumed.

230Effect of resumption of possession

(1)If possession of all or part of the reservation is resumed, the resumed area becomes unallocated State land free of any interest or obligation.

Note—

See, however—
(a)the Geothermal Energy Act 2010, sections 350A and 350B in relation to geothermal interests under that Act; and
(b)the Greenhouse Gas Storage Act 2009, sections 369A and 369B in relation to GHG interests under that Act; and
(c)the Mineral Resources Act 1989, sections 10AAA and 10AAB in relation to mining tenement interests under that Act; and
(d)the Petroleum Act 1923, sections 124A and 124B in relation to 1923 Act petroleum interests under that Act; and
(e)the Petroleum and Gas (Production and Safety) Act 2004, sections 30AA and 30AB in relation to petroleum interests under that Act.
(2)An owner of lawful improvements on the resumed area has a right to claim the compensation allowed under this division.
(3)To remove any doubt, it is declared that the lessee, trustee or registered owner is the owner of improvements made by the State on the resumed area only if the lessee, trustee or registered owner has paid for the improvements.

s 230 amd 2012 No. 20s 46

231Application of Acquisition of Land Act 1967

The Acquisition of Land Act 1967, part 4 applies to a claim for compensation for a resumption of possession under this division with the following changes—
(a)a reference to a constructing authority is a reference to the State;
(b)a reference to the owner of land is a reference to the owner of improvements affected by the resumption;
(c)the owner of improvements refers the claim for compensation to the court by filing in the office of the registrar of the court—
(i)copies of the claim given by the owner of improvements to the State; and
(ii)a copy of the order in council effecting the resumption;
(d)all other necessary changes and any changes prescribed by the regulations.

Note—

The Acquisition of Land Act 1967, part 4 is about the assessment and payment of compensation.

s 231 amd 2013 No. 23s 352sch 1pt 1

232Compensation limited to improvements

(1)Compensation for a resumption of possession under this division is payable only for lawful improvements on the resumed area.
(2)The compensation is the value of the improvements on the day the resumption takes effect.
(3)The Minister must decide the compensation payable.
(4)The value of the improvements must be assessed as their market value in a sale of the land if possession of the land had not been resumed.
(5)The owner of the improvements may appeal against the Minister’s decision.

233Development work an improvement

For this division, development work is taken to be an improvement.

Part 4 Forfeiture

ch 5 pt 4 div 3 hdg ins 2003 No. 10 s 19

amd 2004 No. 1 s 44(1) sch 1; 2007 No. 19 s 123

om 2013 No. 23 s 68

ch 5 pt 4 div 3 sdiv 1 hdg ins 2003 No. 10 s 19

om 2013 No. 23 s 68

ch 5 pt 4 div 3 sdiv 2 hdg ins 2003 No. 10 s 19

om 2013 No. 23 s 68

Division 1 Grounds for forfeiture

div 1 hdg ins 2003 No. 10s 16

234When lease may be forfeited

A lease may be forfeited—
(a)if the lessee defaults in the payment of an amount payable to the State under this Act for the lease; or

Note—

A rent and instalment regulation may allow the Minister to take action for non-payment.
(b)if the lessee breaches a condition of the lease, other than a condition that the lessee comply with a land management agreement for the lease; or

Note—

A breach of the condition that the lessee comply with a land management agreement for the lease may be dealt with by a remedial action notice.
(c)if the lessee contravenes a provision of this Act in relation to the lease; or
(d)if the lessee is found by a court of competent jurisdiction to have acquired the lease by fraud; or
(f)if the lessee fails to comply with a remedial action order relating to the lease.

s 234 amd 2003 No. 10s 17; 2004 No. 1s 44(1)sch 1; 2007 No. 19s 114; 2010 No. 12s 125; 2013 No. 23 ss 88, 52 sch 1pt 1; 2013 No. 24s 67; 2014 No. 29s 72

Division 2 Forfeiture of leases for non-payment

div 2 hdg ins 2003 No. 10s 18

amd 2007 No. 19s 115

234AApplication of div 2

This division applies to the forfeiture of a lease under section 234(a).

s 234A ins 2003 No. 10s 18

sub 2007 No. 19s 116

235Notice of forfeiture for outstanding amounts

(1)Before a lease is forfeited because of non-payment of an amount payable to the State under this Act for the lease, the Minister must give the lessee, any mortgagee and any relevant local government at least 28 days notice of the Minister’s intention to forfeit the lease.
(2)The notice must state the amount outstanding and the amount of any interest accruing each day.

s 235 amd 2007 No. 19s 117

236Designated person’s options if amount unpaid

If the amount outstanding, and any interest, is not paid at the expiry of the notice, the designated person may forfeit the lease or allow any mortgagee, any relevant local government or the chief executive to sell the lease under division 3A.

s 236 amd 2007 No. 19s 118

237Minister may reinstate lease if payment made

If a lease is forfeited because of the non-payment of an amount payable to the State under this Act for the lease, the Minister may reinstate the lease if—
(a)the lessee makes payment of all amounts owing; and
(b)the Minister is satisfied the lessee had a reasonable excuse for not complying with the payment requirements.

Division 2A Forfeiture of leases by referral to court or for fraud

div 2A hdg ins 2007 No. 19s 119

amd 2010 No. 12s 126

237AApplication of div 2A

This division applies to the forfeiture of a lease under section 234(b), (c), (d) or (f).

s 237A ins 2007 No. 19s 119

238Application to the court for forfeiture

(1)This section does not apply to the forfeiture of a lease under section 234(d).
(2)Before the lease is forfeited, the Minister must refer the matter to the court to decide whether the lease may be forfeited.
(3)The Minister must give the lessee, any mortgagee and any relevant local government at least 28 days notice of the Minister’s intention to refer the matter to the court.
(4)The notice must state the grounds on which the Minister considers the lease may be forfeited.
(5)A copy of the notice must be filed in the court at the same time as the Minister refers the matter to court.

s 238 amd 2007 No. 19s 120; 2010 No. 12s 127

239Designated person’s options

(1)This section applies—
(a)if the court decides the lease may be forfeited under section 238; or
(b)for a lease that may be forfeited under section 234(d).
(2)The designated person may—
(a)forfeit the lease; or
(b)decide not to forfeit the lease, but instead to—
(i)allow the lease to continue but subject to the conditions the designated person considers appropriate; or
(ii)allow the lessee to convert the lease to a lease of a lesser tenure, for the same or a lesser area, and subject to the conditions the designated person considers appropriate; or
(iii)allow the lessee to sell the lease within a time decided by the designated person; or
(iv)allow any mortgagee, any relevant local government or the chief executive to sell the lease under this part.
(3)A mortgagee of a term or a perpetual lease may appeal against a decision under subsection (2)(b)(iv) to allow an entity other than the mortgagee to sell the lease.
(4)A relevant local government of a term or a perpetual lease may appeal against a decision under subsection (2)(b)(iv) to allow an entity other than the relevant local government to sell the lease.

s 239 amd 2007 No. 19s 121; 2010 No. 12s 128

240[Repealed]

s 240 om 2007 No. 19s 122

240A[Repealed]

s 240A ins 2003 No. 10s 19

om 2013 No. 23s 68

240B[Repealed]

s 240B ins 2003 No. 10s 19

om 2013 No. 23s 68

Division 3A Sale of lease instead of forfeiture

div 3A hdg ins 2007 No. 19s 125

Subdivision 1 Sale by lessee

sdiv 1 hdg ins 2007 No. 19s 125

240ESale by lessee

(1)After receiving a notice under section 235(1) or 238(3), a lessee of a lease may make written application for permission to sell the lease.
(2)If the Minister approves the sale of the lease by the lessee, the Minister must give notice of the Minister’s approval to any mortgagee and any relevant local government.

s 240E prev s 240E ins 2003 No. 10s 19

om 2007 No. 19s 124

pres s 240E ins 2007 No. 19s 125

amd 2010 No. 12s 129; 2013 No. 23s 352sch 1pt 1

Subdivision 2 Sale by mortgagee

sdiv 2 hdg ins 2007 No. 19s 125

240FSale by mortgagee instead of forfeiture

(1)After receiving a notice under section 235(1) or 238(3), a mortgagee of a lease may make written application for permission to sell the lease.

Note—

Section 235 is about forfeiture of a lease for outstanding amounts. Section 238 is about applying to the court for forfeiture.
(2)If the Minister approves the sale of the lease by the mortgagee, the Minister must give notice of the Minister’s approval to the mortgagee and the lessee.
(3)After receiving the notice approving the sale, the mortgagee must sell the lease as a mortgagee in possession under chapter 6, part 4, division 4.

Note—

Chapter 6, part 4, division 4 is about registering dealings about mortgages.

s 240F (prev s 244) amd 2007 No. 19s 130(1)–(4)

renum and reloc 2007 No. 19s 130(5)

amd 2010 No. 12s 130; 2013 No. 23s 352sch 1pt 1

Subdivision 3 Sale by local government

sdiv 3 hdg ins 2007 No. 19s 125

240GApplication

(1)After receiving a notice under section 235(1) or 238(3), a relevant local government may apply to the Minister for approval to sell a lease.
(2)However, a relevant local government may only apply to sell a lease under subsection (1) if the lessee of the lease has overdue rates and charges payable to the relevant local government for the lease land.
(3)If the Minister approves the sale of the lease by the local government, the Minister must give notice of the Minister’s approval to the lessee and any mortgagee.
(4)In this section—
overdue rates and charges has the meaning given by the Local Government Act 2009.

s 240G ins 2007 No. 19s 125

amd 2010 No. 12s 131; 2009 No. 17s 331sch 1; 2013 No. 23s 352sch 1pt 1

240HNotice of approval

(1)If the Minister approves the sale of the lease by the relevant local government under this subdivision, notice of the approval must be given to the lessee, the local government and any mortgagee.
(2)The notice must state the required period within which the local government must start the procedures for selling the lease.

s 240H ins 2007 No. 19s 125

amd 2013 No. 23s 352sch 1pt 1

240ISale of lease

(1)This section applies if a relevant local government has been given notice under section 240H.
(2)Subject to subsections (3) to (5), the Local Government Act 2009, to the extent that Act provides for the sale of land to recover overdue rates and charges relating to the land, applies to the sale of a lease under this subdivision.
(3)The local government must start the process of selling a lease under this subdivision within the required period stated in the notice under section 240H(2).
(4)The local government must set a reserve price for the sale of the lease by auction, or a price for the sale of the lease under an agreement, that is at least the total of all charges owing to the State under this Act relating to the lease.
(5)The local government must use the proceeds of the sale of the lease to pay the State the amount of all charges owing to the State under this Act relating to the lease before using the proceeds to pay any amount owing to the local government.

s 240I ins 2007 No. 19s 125

amd 2013 No. 23s 89

Subdivision 4 Sale by chief executive

sdiv 4 hdg ins 2007 No. 19s 125

240JApplication of sdiv 4

This subdivision applies to a lease if the chief executive is allowed to sell the lease under section 236 or 239(2)(b)(iv).

s 240J ins 2007 No. 19s 125

amd 2010 No. 12s 132

240KNotice that chief executive may sell

(1)The chief executive must give notice to each person who has a registered interest in the lease land that the chief executive is allowed to sell the lease under this subdivision.
(2)The notice must state either—
(a)that the chief executive proposes to enter into possession of the lease and sell the lease under this subdivision; or
(b)that the chief executive proposes that the lessee and the chief executive enter into an agreement (a transition to sale agreement) that will apply until the lease is sold under this subdivision.
(3)The notice must advise the matters mentioned in—
(a)if the notice states the matter mentioned in subsection (2)(a)—section 240L; or
(b)otherwise—sections 240L, 240M and 240N.
(4)If the notice states that the chief executive proposes that the lessee and the chief executive enter into a transition to sale agreement, the notice must require the lessee to advise the chief executive, within the time stated in the notice, of whether the lessee wishes to enter into a transition to sale agreement.

s 240K ins 2007 No. 19s 125

amd 2013 No. 23s 352sch 1pt 1

240LEntry into possession and sale

(1)This section applies if the chief executive enters into possession of the lease to sell the lease under this subdivision.
(2)The chief executive must advise the lessee that the chief executive is entering into possession.
(3)The lessee must, in the lessee’s capacity as lessee, immediately vacate the lease land.
(4)The chief executive enters into possession of the lease to the exclusion of the lessee’s interests under the lease.
(5)If the lessee does not vacate the lease land under subsection (3), and is not otherwise entitled to possession, the lessee is a person who is unlawfully occupying the lease land.

Note—

Action for trespassing may be taken under chapter 7, part 2.
(6)Until the chief executive sells the lease, the chief executive may act in the place of the lessee for all matters in relation to the administration of the lease, including for example for all matters concerning the holders of any subleases over the lease.
(7)The Minister may, for the proper administration of the lease until it is sold, change the imposed conditions as they apply to the lease, and may take action to have the changed conditions registered.
(8)Despite subsection (6), the chief executive does not become liable to pay any amounts payable by the lessee in relation to the lease.
(9)Without limiting subsection (8), the chief executive is not liable to pay any amount payable by the lessee to the holder of any registered interest in the lease.
(10)While the chief executive is in possession, any amounts otherwise payable to the lessee by any person in relation to the lease, including rent payable by a sublessee, must be paid to the chief executive.
(11)The chief executive must execute the transfer of the lease.

s 240L ins 2007 No. 19s 125

240MTransition to sale agreement

(1)This section applies if the lessee and the chief executive enter into a transition to sale agreement.
(2)Until the chief executive sells the lease, the following apply—
(a)the Minister may carry out a review of the imposed conditions of the lease as they apply to the lessee;
(b)the Minister may, for the proper administration of the lease until it is sold, change the imposed conditions as they apply to the lessee, and may take action to have the changed conditions registered;
(c)the lessee must not, without the Minister’s written approval, further deal with the lease;
(d)to the extent stated in the agreement—
(i)the lessee continues to pay rent payable under the lease; and
(ii)the lessee continues to receive rent and other amounts otherwise payable to the lessee in the lessee’s capacity as lessee; and
(iii)the lessee remains in possession of the lease land; and
(iv)the chief executive and other persons authorised by the chief executive may enter the lease land, including for purposes connected with the chief executive’s sale of the lease; and
(v)improvements may be dealt with, and development work may be performed, by the lessee or the chief executive; and
(vi)the lessee must perform tasks directed to the ongoing day-to-day administration of the lease, including the maintenance of the lease land;
(e)the remedies for or consequences of a breach of the agreement are those stated in the agreement.
(3)The chief executive must execute the transfer of the lease.
(4)When the transfer of the lease is registered, the chief executive must cancel the registration of the transition to sale agreement.
(5)If the lessee is in possession of the lease when the transfer of the lease is registered, subject to the transition to sale agreement, the lessee must immediately vacate the lease land.
(6)If the lessee does not vacate the lease land under subsection (5), and is not otherwise entitled to possession, the lessee is a person who is unlawfully occupying the lease land.

Note—

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

s 240M ins 2007 No. 19s 125

240NAdvice about entering transition to sale agreement

(1)This section applies if the notice under section 240K (the 240K notice) states that the chief executive proposes that the lessee and the chief executive enter into a transition to sale agreement, and within the time stated in the 240K notice by the chief executive—
(a)the lessee does not give notice that the lessee wishes to enter into a transition to sale agreement; or
(b)the lessee advises the chief executive that the lessee does not wish to enter into a transition to sale agreement.
(2)This section also applies if—
(a)the 240K notice states that the chief executive proposes that the lessee and the chief executive enter into a transition to sale agreement; and
(b)within the time stated in the 240K notice, the lessee gives notice that the lessee wishes to enter into a transition to sale agreement; and
(c)the chief executive and the lessee—
(i)within the time stated for this subparagraph in the 240K notice or a longer time approved by the chief executive, do not execute a transition to sale agreement; or
(ii)earlier agree that the chief executive and the lessee are unable to agree on the terms of a transition to sale agreement.
(3)The chief executive may enter into possession of the lease and sell the lease under this subdivision unless the Minister or designated person takes action under subsection (4) or (5).
(4)If the lease was allowed to be sold by the chief executive under section 236, the Minister may withdraw the Minister’s decision to allow the chief executive to sell the lease, and may take other action under section 236.
(5)If the lease was allowed to be sold by the chief executive under section 239(2)(b)(iv), the designated person may withdraw the designated person’s decision to allow the chief executive to sell the lease, and may take other action under section 239.

s 240N ins 2007 No. 19s 125

amd 2010 No. 12s 133; 2013 No. 23s 352sch 1pt 1

240OMaking and registration of transition to sale agreement

(1)The chief executive may enter into a transition to sale agreement, including any amendment of a transition to sale agreement, only with the Minister’s approval.
(2)A transition to sale agreement, including any amendment of a transition to sale agreement, has effect only if it is registered.

Note—

For registration of transition to sale agreements, see section 279.

s 240O ins 2007 No. 19s 125

240PAuction or sale of lease

(1)This section states requirements that apply for the sale of the lease by the chief executive under this subdivision.
(2)The chief executive must first offer the lease for sale by public auction.
(3)However, the chief executive may with the Minister’s written approval sell the lease by private contract.
(4)Sections 114(1), 115, 116 and 117 apply, with the necessary changes, to a sale by the chief executive under this subdivision.

Note—

Transfers for the sale of a lease by the chief executive are dealt with under chapter 6, part 4, division 1.
(5)The lease must not be offered for sale by public auction, and the chief executive must not enter into a contract of sale under subsection (3), until at least 28 days after the chief executive has published a sale notice under applied section 114.
(6)The imposed conditions that are to apply to the lease after its sale and that are stated in the sale notice may be different from the imposed conditions applying to the lease before the sale.
(7)The consent of the holder of any registered interest in the lease is not required for the registration of the transfer of the lease.
(8)The imposed conditions that are to apply to the lease after the sale must be registered when the transfer is registered.
(9)If the sale of the lease is not completed within 2 years after this subdivision starts to apply to the lease—
(a)if the lease was allowed to be sold by the chief executive under section 236—the Minister may withdraw the Minister’s decision to allow the chief executive to sell the lease, and may forfeit the lease under section 236; or
(b)if the lease was allowed to be sold by the chief executive under section 239(2)(b)(iv)—the designated person may withdraw the designated person’s decision to allow the chief executive to sell the lease, and may forfeit the lease under section 239.

s 240P ins 2007 No. 19s 125

amd 2010 No. 12 ss 134, 169

240QDisposal of proceeds of sale

The chief executive must apply the proceeds of sale of the lease as follows—
(a)firstly, to payment to the State of all costs properly incurred by the chief executive for the sale or any attempted sale;
(b)secondly, to payment to the State of all debts owing to the State under section 438;
(c)thirdly, to payment to the State of all costs properly incurred by the chief executive to rectify any damage caused to the land by the lessee;
(d)fourthly, to payment to the State of all costs properly incurred by the chief executive—
(i)if there was a transition to sale agreement—in the administration of the agreement; or
(ii)otherwise—in the administration of the lease;
(e)fifthly, to payment to the relevant local government of overdue rates payable to the local government under the Local Government Act 2009;
(f)lastly, to payment to the lessee.

s 240Q ins 2007 No. 19s 125

amd 2009 No. 17s 331sch 1; 2014 No. 29s 73

240RProtection from liability

(1)The chief executive, and any person acting under the authority of the chief executive, does not incur civil liability for an act done, or omission made, honestly and without negligence under this subdivision.
(2)If subsection (1) prevents a civil liability attaching to a person, the liability attaches instead to the State.

s 240R ins 2007 No. 19s 125

Division 4 Forfeiture

div 4 hdg ins 2003 No. 10s 19

sub 2007 No. 19s 126

240SNotice of forfeiture

(1)If the designated person forfeits a lease, the Minister must give the lessee and any mortgagee or relevant local government notice that the lease is forfeited.
(2)A notice that a lease is forfeited must be published in the gazette.
(3)A lease is forfeited by the registration of a forfeiture notice.
(4)The forfeiture notice must include the particulars of the gazette notice forfeiting the lease.
(5)The forfeiture of the lease takes effect on the day the forfeiture notice is registered.
(6)In this section—
forfeiture notice means a notice in the approved form requesting the registrar to register the forfeiture of a lease under this Act.

s 240S ins 2007 No. 19s 127

amd 2013 No. 23s 352sch 1pt 1

241Effect of forfeiture

On forfeiture of a lease—
(a)the lease ends; and
(b)the lessee is divested of any interest in the lease; and
(c)the lease land is free of any encumbrance; and
(d)the lease land—
(i)if the lease was a State lease—remains a reserve; or
(ii)otherwise—becomes unallocated State land.

s 241 amd 2007 No. 19s 128

242Lessee to give up possession on forfeiture

(1)On forfeiture of a lease, any person occupying the lease must immediately vacate the land.
(2)A person who fails to give up possession under subsection (1) is taken to be a person who is unlawfully occupying unallocated State land.

Note—

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

s 242 amd 2013 No. 23s 352sch 1pt 1

243Improvements on forfeited lease

(1A)The lessee of a forfeited lease may apply to remove the lessee’s improvements on the lease.
(1)The lessee may remove the improvements only with the written approval of, and within a time stated by, the Minister.
(2)The improvements are forfeited to 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.
(3)The lessee has a right to payment for the improvements under part 5 unless the improvements become the property of the State for a lease forfeited because the—
(a)lessee acquired the lease by fraud; or
(b)lessee was not eligible to acquire or hold the lease.

s 243 amd 2007 No. 19s 129

245Effect of forfeiture of lease issued without competition for development purposes

If a lease issued without competition for development purposes is forfeited, all project plans, feasibility studies and the results of investigations for the lease that have been given to the chief executive by the lessee become the property of the State.

Part 5 Payment for improvements

Division 1 Payment for improvements by incoming lessee etc.

246Application of division

This division applies to land—
(a)that has been the subject of a lease that—
(i)has been forfeited; or
(ii)has been surrendered absolutely; or
(iii)has expired; or
(b)that has been the subject of an occupation licence that—
(i)has been cancelled; or
(ii)has been surrendered absolutely; or
(c)that has been set aside as a reserve if—
(i)the dedication of the reserve has been revoked; and
(ii)the improvements on the reserve have been made by the trustee of the reserve, or by a person with the trustee’s authority; or
(d)that has been the subject of a deed of grant in trust if—
(i)the deed of grant in trust has been cancelled or surrendered absolutely; and
(ii)the improvements on the land have been made by the trustee or a person with the trustee’s authority.

s 246 amd 2004 No. 4s 29; 2007 No. 19s 131

247Application of payment for improvements by incoming lessee or buyer

(1)If the State receives payment from an incoming lessee or buyer for the improvements and development work on land to which this division applies, the State must pay the amount to—
(a)for a lease—the previous lessee; or
(b)for an occupation licence—the previous licensee; or
(c)for a reserve—the person who owned the improvements on the reserve; or
(d)for a deed of grant in trust—the person who owned the improvements on the land.
(2)However, no amount is payable by the State to the person who was the registered lessee of the lease, if the lease was forfeited because the lessee acquired the lease by fraud or was not eligible to acquire or hold the lease.

s 247 amd 2004 No. 4s 30

248Unclaimed improvement amounts

If the chief executive can not find the person entitled to receive payment for the improvements or the person does not collect the amount from the State within 6 years from the day the State received the amount, the amount is forfeited to the State.

Division 2 Payment by the State for improvements

249Payment by the State for improvements

(1)If a relevant term lease expires or is surrendered absolutely, or a perpetual lease for grazing or agricultural purposes is surrendered, and the State—
(a)sets aside any land, that was a part of the lease, as a reserve for a community purpose; or
(b)dedicates any land, that was a part of the lease, as a road;

the State must pay, to the person who was the lessee, the value of any lawful improvements on the part of the land set aside or dedicated.

(2)The value is the value of the improvements on the day of the expiry or surrender.
(3)The Minister must decide the amount payable.
(4)The value of the improvements must be assessed as their market value in a sale of a lease of the same term and tenure as the expired or surrendered lease.
(5)The lessee may appeal against the Minister’s decision.
(6)To remove any doubt, it is declared that the lessee is the owner of improvements made to a lease by the State only if the lessee has paid for the improvements.
(7)In this section—
extension provisions means chapter 4, part 3, division 1B and division 2, subdivision 3.
relevant term lease means—
(a)a term lease for pastoral purposes; or
(b)a term lease for agricultural or grazing purposes if—
(i)the lease is for rural leasehold land; and
(ii)the lease land is 1,000ha or more; and
(iii)the term is 20 years or more; and
(iv)it was granted under the renewal provisions or extended under the extension provisions.

s 249 amd 2007 No. 19s 132; 2013 No. 23s 352sch 1pt 1; 2014 No. 29s 74

Division 3 General

250Amounts owing to the State to be deducted

If a lessee or other person is entitled to payment under this part, the State may deduct the following amounts from the amount payable to the lessee or other person—
(a)an amount in payment of expenses incurred by the State to rectify damage caused to the land by the lessee;
(b)any amount owing to the State under this Act.

251Payment to mortgagee

If a lease was subject to a registered mortgage and payment is later made for improvements on the land, the Minister may deduct from the amount of the payment and pay to the mortgagee all or part of any amount owing to the mortgagee by the lessee under the mortgage on the day the lease ended.

Part 6 Protection of monitoring sites

pt 6 hdg prev pt 6 hdg om 2004 No. 1s 39

pres pt 6 hdg ins 2007 No. 19s 133

ch 5 pt 6 div 1 hdg om 2004 No. 1s 39

ch 5 pt 6 div 3 hdg om 2004 No. 1 s 39

ch 5 pt 6 div 4 hdg om 2004 No. 1 s 39

252Prohibition on interfering with monitoring marker or device

(1)This section applies if, under section 400, a monitoring site has been established on lease land, licence land or permit land.
(2)A person must not interfere with any of the following the existence of which the person knows or ought reasonably to know unless the person has a reasonable excuse—
(a)a marker for the monitoring site;
(b)a monitoring device that, under section 400, has been installed or placed at the monitoring site.

Maximum penalty—100 penalty units.

(3)For subsection (2), a person is taken to know of the existence of a marker for the monitoring site and any monitoring device at the site if the marker—
(a)is made of steel or other durable material; and
(b)protrudes above the surface of the ground so as to be clearly visible; and
(c)has attached to it a tag bearing clearly legible words as follows, or words to the effect of the words ‘Monitoring site marker. Interfering with this marker or any device at this site is an offence’.
(4)In this section—
interfere with includes damage, deface or tamper with.

s 252 prev s 252 amd 1999 No. 90s 88

om 2004 No. 1s 39

pres s 252 ins 2007 No. 19s 133

253Evidentiary provision for proceedings under s 252

In a proceeding for an offence against section 252(2), a certificate, purporting to be signed by an authorised person, and stating any of the following matters is evidence of the matters stated—
(a)that stated land was, at a stated time, or during a stated period, a monitoring site established on stated lease land, licence land or permit land;
(b)that, at the time or during the period, all or any of the following applied—
(i)a marker for the monitoring site was installed or placed at the monitoring site;
(ii)the marker complied with section 252(3)(a), (b) and (c);
(iii)a monitoring device was installed or placed at the monitoring site.

s 253 prev s 253 amd 1997 No. 78s 49; 2000 No. 44s 42 sch (amdt could not be given effect)

om 2004 No. 1s 39

pres s 253 ins 2007 No. 19s 133

254[Repealed]

s 254 om 2004 No. 1s 39

256[Repealed]

s 256 amd 2003 No. 10s 76 sch

om 2004 No. 1s 39

258[Repealed]

s 258 om 2004 No. 1s 39

259[Repealed]

s 259 om 2004 No. 1s 39

260[Repealed]

s 260 amd 1999 No. 90s 92 (amd 2000 No. 35s 18)

om 2004 No. 1s 39

263[Repealed]

s 263 amd 1997 No. 78s 50

om 2004 No. 1s 39

264[Repealed]

s 264 amd 1999 No. 90s 94A (amd 2000 No. 35s 21)

om 2004 No. 1s 39

265[Repealed]

s 265 amd 1999 No. 90s 94B (amd 2000 No. 35s 21)

om 2004 No. 1s 39

266[Repealed]

s 266 amd 1997 No. 78s 51

om 2004 No. 1s 39

267[Repealed]

s 267 amd 1999 No. 90s 94C (amd 2000 No. 35s 21)

om 2004 No. 1s 39

268[Repealed]

s 268 om 2004 No. 1s 39

269[Repealed]

s 269 amd 2000 No. 44s 42 sch

om 2004 No. 1s 39

270[Repealed]

s 270 amd 1999 No. 90s 95

om 2004 No. 1s 39

271[Repealed]

s 271 om 2004 No. 1s 39

272[Repealed]

s 272 om 2004 No. 1s 39

273[Repealed]

s 273 om 2004 No. 1s 39

274[Repealed]

s 274 om 2004 No. 1s 39

274A[Repealed]

s 274A ins 2003 No. 10s 22

amd 2004 No. 4s 31

om 2004 No. 1s 39

274B[Repealed]

s 274B ins 2003 No. 10s 22

om 2004 No. 1s 39

274C[Repealed]

s 274C ins 2003 No. 10s 22

om 2004 No. 1s 39

Chapter 6 Registration and dealings

Part 1 Land registry and registers

Division 1 Land registry

275Registers comprising land registry

The land registry includes the following registers—
(a)the leasehold land register;
(b)a register of reserves;
(c)a register of State forests and timber reserves;
(d)a register of nature conservation areas;
(e)a register of specified national parks;
(f)a register of land that has been vested in fee simple;
(g)a register of licences and permits;
(h)a register of unallocated State land;
(i)a register of State housing leases;
(j)registers about land prescribed under a regulation under this Act;
(k)registers about land required or permitted by an Act to be kept by the chief executive;
(l)other registers about land required or permitted by an Act to be included in the land registry.

s 275 amd 2005 No. 68s 12; 2007 No. 19s 134; 2009 No. 5s 34; 2010 No. 12s 135; 2011 No. 31s 324

Division 2 Registers

276Registers to be kept by chief executive

The chief executive must keep the following registers—
(a)the leasehold land register;
(b)a register of reserves;
(c)a register of State forests and timber reserves;
(d)a register of nature conservation areas;
(e)a register of specified national parks;
(f)a register of land that has been vested in fee simple;
(g)a register of licences and permits;
(h)a register of unallocated State land;
(i)a register of State housing leases;
(j)registers about land prescribed under a regulation;
(k)registers about land required or permitted by an Act to be kept by the chief executive;
(l)other registers about land required or permitted by an Act to be included in the land registry.

s 276 amd 2005 No. 68s 13; 2007 No. 19s 135; 2009 No. 5s 35; 2010 No. 12s 136; 2011 No. 31s 325

277Form of registers

(1)A register kept by the chief executive may be kept in the form (whether or not in a documentary form) the chief executive considers appropriate.
(2)Without limiting subsection (1), the chief executive may change the form in which a register or part of a register is kept.

277ARegistration of document evidencing tenure

(1)If any of the following tenures are granted under this Act—
(a)a lease;
(b)a licence;
(c)a permit for a term of 12 months or more;

the tenure document for the tenure must be registered.

(2)If a reserve is dedicated under this Act, the document evidencing the dedication must be registered.

s 277A ins 2007 No. 19s 136

278Particulars that must be registered

The chief executive must register the particulars necessary to identify—
(a)every interest registered; and
(b)the name of the person who holds, and the name of each person who has held, the registered interest; and
(c)all documents registered in the register and when they were lodged and registered; and
(d)anything else required or needed to be registered under this or another Act.

s 278 amd 2007 No. 19s 137

279Registration of land management agreements and transition to sale agreements

(1)This section applies if a land management agreement or transition to sale agreement in relation to a lease is made or amended.
(2)The following must be registered while the lease continues in force—
(a)the agreement;
(b)any amendment of the agreement from time to time;
(c)any cancellation or other ending of the agreement.
(3)A registered land management agreement is a relevant registered interest under the following—
(a)section 162(5);
(b)section 172(5), but only if the new tenure is a term lease or perpetual lease;
(c)section 176G(2);
(d)section 176S(2).

s 279 amd 2000 No. 2s 19

sub 2007 No. 19s 138

amd 2009 No. 5s 36; 2014 No. 29s 75

279ARegistration of documents lodged or matters notified under particular Acts

(1)If a document is lodged with the chief executive under a provision of the Forestry Act 1959 or Nature Conservation Act 1992, the chief executive must register the document in the appropriate register.
(2)If the chief executive is notified of a matter under a provision of the Forestry Act 1959 or Nature Conservation Act 1992 that affects land registered in the land registry, the chief executive must record the matter in the appropriate register.

s 279A ins 2011 No. 31s 326

280Particulars that may be recorded

The chief executive may record in a register anything the chief executive considers should be recorded to ensure the register is an accurate, comprehensive and useable record of the relevant land and dealings.

280AParticulars that must be recorded for specified national parks

(1)This section applies to land within a specified national park, the particulars of which are registered in more than 1 appropriate register.
(2)The chief executive must record in each appropriate register particulars sufficient to identify the information kept in each of the other appropriate registers relating to the land.

s 280A ins 2011 No. 31s 327

281Other information may be kept

(1)The chief executive may keep separately from a register information the chief executive considers necessary or desirable for the effective or efficient operation of the register.
(2)The information may include information given to the chief executive by another entity.
(3)A relevant entity is not civilly liable for an act done, or omission made, honestly and without negligence in relation to the giving or keeping of information under this section.
(4)Without limiting subsection (3), a relevant entity other than the chief executive is not civilly liable in relation to the giving or keeping of inaccurate information under this section if the relevant entity did not give the information to the chief executive for keeping under this section.
(5)In this section—
relevant entity means—
(a)the chief executive; or
(b)the Minister; or
(c)the State.

s 281 amd 2005 No. 68s 14

282Chief executive’s procedures on lodgement and registration of document

(1)When a document is lodged in the land registry, the chief executive must note on the document—
(a)the date and time of lodgement; and
(b)an identifying reference.
(2)When the document is registered, the chief executive must record the information mentioned in subsection (1)(a) and (b) in the appropriate register.

s 282 sub 2005 No. 68s 15

283Documents form part of a register

(1)A registered document is part of the register to which it relates.
(2)A registered document forms part of the register from when it is lodged.

284Entitlement to search a register

(1)A person may, on payment of the fee prescribed under a regulation—
(a)search and obtain a copy of—
(i)the particulars recorded about a lease, licence, permit or reserve; or
(ii)a registered document; or
(iii)a document that has been lodged but is not registered (whether or not it has been cancelled); or
(iv)information kept under section 281; and
(b)obtain a copy of the particulars recorded about a lease, licence, permit or reserve, or a registered document, certified by the chief executive to be an accurate copy.
(2)Subsection (1)(a)(iii) does not apply to a document destroyed by the chief executive.
(3)A search under subsection (1) may be carried out at, or a copy mentioned in subsection (1) obtained from, an office of the land registry during office hours on a day the land registry is open for business.
(4)Also, a search under subsection (1) may be carried out by, or a copy mentioned in subsection (1) obtained from, an entity engaged by the chief executive for the purpose of allowing persons to search the land registry or obtain copies of particulars, documents or other information kept in the registry.
(5)The chief executive may allow a person to carry out a search under subsection (1)(a) for—
(a)only part of the particulars recorded about a lease, licence, permit or reserve; or
(b)only part of a document lodged or deposited in the land registry; or
(c)only part of the information about a document lodged or deposited in the land registry.
(6)The chief executive may enter into an agreement with another department allowing the department to carry out a search, or obtain a copy, under this section without payment of the fee mentioned in subsection (1).
(7)However, the chief executive may enter into an agreement under subsection (6) only if the chief executive is reasonably satisfied the information obtained from the search or the copy will not be—
(a)used for a commercial purpose, including, for example, the marketing or sale of the information or other information; or
(b)included in another database of information, in any form, other than with approval from the chief executive.

s 284 amd 2005 No. 68s 16; 2014 No. 29s 76

284AFee required to produce document under subpoena etc.

(1)This section applies if a fee is payable under section 284(1) for a person to obtain a copy of a document and—
(a)a subpoena requires the document to be produced; or
(b)a person has applied under the Evidence Act 1977, section 134A for the document to be produced for inspection.
(2)Despite any other law or rule of court, the chief executive is not required to produce, or provide a copy of, the document until the fee mentioned in section 284(1) is paid.
(3)Subsection (2) does not apply if a department is not required to pay a fee for the document under an agreement mentioned in section 284(6).

s 284A ins 2013 No. 23s 90

285Evidentiary effect of certified copies of documents

(1)A document purporting to be a certified copy of the particulars recorded about a lease, licence, permit or reserve obtained under section 284(1)(b) is evidence of the particulars recorded.
(2)A document purporting to be a certified copy of a registered document obtained under section 284(1)(b) is evidence of the registered document.

285ASupply of statistical data

(1)The chief executive may enter into an agreement to supply statistical data derived from documents or information kept in the land registry.
(2)If the chief executive supplies statistical data under subsection (1)—
(a)the fees and charges applying for the supply of the data are the fees and charges agreed to in the agreement; and
(b)without limiting paragraph (a), the agreement may also state—
(i)how the fees and charges are to be calculated; and
(ii)how payment of the fees and charges is to be made.
(3)Without limiting subsection (1), an agreement for the supply of statistical data may limit the use to which the data supplied may be put.
(4)An agreement for the supply of statistical data must include—
(a)a provision allowing the chief executive to exclude particulars from data supplied under the agreement, if the chief executive is satisfied, on reasonable grounds, that inclusion of the particulars may result in the particulars being inappropriately disclosed or used; and
(b)a provision allowing the chief executive to prohibit disclosure, or limit distribution or use, of data supplied under the agreement.
(5)An agreement under this section must not provide for the obtaining of information or anything else that may be obtained under a search under section 284, other than section 284(1)(a)(iv).
(6)The chief executive must exclude land particulars and personal information from data supplied under the agreement.
(7)Subsection (6) applies despite anything in the agreement.
(8)In this section—
land particulars means particulars from any instrument or information kept by the chief executive that may allow a person to identify land to which the instrument or information relates.
personal information means a particular from any instrument or information kept by the chief executive that may allow a person to identify a person to whom the instrument or information relates.

s 285A ins 2005 No. 68s 17

Division 3 General requirements for documents in registers

286Form of documents

(1)A document lodged by a person or issued by the chief executive must be in the appropriate form.
(2)A document required or permitted to be executed must be in the appropriate form when it is executed.
(3)In this Act, a reference to a particular type of document is a reference to the document completed in the appropriate form.

286ALand practice manual

(1)The chief executive may keep a manual of land practice (by whatever name called) in the way the chief executive considers appropriate, for the information and guidance of land registry staff and persons dealing with the land registry.
(2)The manual may include—
(a)directions given by the chief executive under section 287(1)(b); and
(b)directions given by the registrar under the Land Title Act 1994, section 10(1)(b); and
(c)practices developed in the land registry, before or after the commencement of this section, for the depositing and lodging of documents, including practices directed at ensuring—
(i)there is consistency and efficiency in land registry processes; and
(ii)each register under this Act is an accurate, comprehensive and useable record; and
(iii)the integrity of the registers included in the land registry is supported and maintained to the greatest practicable extent.
(3)The manual may include statements about additional information a person may be required to produce, or additional documents a person may be required to deposit, under section 305.
(4)The manual may provide for the chief executive’s approval of the form of an electronic conveyancing document for the Electronic Conveyancing National Law (Queensland), section 7(1)(a).
(5)The chief executive must make the manual available to the public in the way the chief executive considers appropriate.
(6)Without limiting subsection (5), the chief executive must ensure an up-to-date copy of the manual is available to be read free of charge at each office of the land registry.

s 286A ins 2005 No. 68s 18

amd 2013 No. 17s 14

286BRequiring plan of survey to be lodged

(1)The chief executive may—
(a)require a trustee of trust land who proposes to lease or otherwise deal with all or part of the land to lodge a plan of survey of the land; or
(b)require a lessee who proposes to sublease or otherwise deal with the lease or part of the lease to lodge a plan of survey of the lease land.
(2)The plan of survey must comply with the Survey and Mapping Infrastructure Act 2003 and must be certified as accurate by a cadastral surveyor within the meaning of the Surveyors Act 2003.

s 286B ins 2005 No. 68s 18

amd 2007 No. 19s 139

287Registered documents must comply with particular requirements

(1)A document may be registered only if—
(a)the document is in the appropriate form and correctly executed; and
(b)the document complies with the directions of the chief executive about—
(i)how the appropriate form must be completed; and
(ii)how information to be included in or given with the document must be included or given; and
(c)if the Minister’s approval is needed—the Minister has given written approval to the transaction to which the document relates.
(2)However, if a document is not in the appropriate form, it may be registered if the chief executive is satisfied it is not reasonable to require the document to have been executed in the appropriate form.
(3)Also, a document that does not comply with a direction mentioned in subsection (1)(b) may be registered if the chief executive is satisfied it is reasonable to not require the compliance.
(4)Subsections (2) and (3) do not apply to an electronic conveyancing document.

s 287 amd 2005 No. 68s 19; 2007 No. 19s 140; 2013 No. 17s 15

288Certain documents must be signed

(1)A document transferring a lease, sublease or licence or creating an interest in a lease or sublease must be signed by—
(a)the transferor or the person creating the interest; and
(b)the transferee or the person in whose favour the interest is to be created or a legal practitioner authorised by the transferee or person.
(2)A total or partial discharge or release of mortgage need only be signed by the mortgagee.
(3)For a document that is an electronic conveyancing document, subsections (1) and (2) apply subject to the form approved for the document under the Electronic Conveyancing National Law (Queensland), section 7.

s 288 amd 2013 No. 17s 16; 2017 No. 10 s 13

288AOriginal mortgagee to confirm identity of mortgagor

(1)This section applies to—
(a)the mortgaging of a lease or sublease; and
(b)an amendment of a mortgage mentioned in paragraph (a).
(2)Before the mortgage or amendment is lodged for registration, the mortgagee under the mortgage (the original mortgagee) must take reasonable steps to ensure the person who is the mortgagor under the mortgage or amendment is identical with the person who is, or who is about to become, the lessee of the lease or sublessee of the sublease.
(2A)For subsection (2), a person is the mortgagor under a mortgage or amendment of mortgage if the person executes the mortgage or amendment as mortgagor, including, if the mortgage or amendment is an electronic conveyancing document, through a subscriber digitally signing the document under the Electronic Conveyancing National Law (Queensland).
(2B)Also, for subsection (2), a person is the mortgagor under a mortgage or amendment of mortgage if the mortgage or amendment is an electronic conveyancing document and the person signs, as mortgagor, a document that under the participation rules under the Electronic Conveyancing National Law (Queensland)—
(a)is required as a supporting document for the mortgage or amendment of mortgage; and
(b)is required to be kept by the original mortgagee.
(3)Without limiting subsection (2), the original mortgagee takes reasonable steps under the subsection if the original mortgagee complies with practices included in the manual of land title practice under section 286A(2)(c) for the verification of identification of mortgagors.
(4)The original mortgagee must, for 7 years after the mortgage or amendment is registered, and whether or not there is registered a transfer of the mortgage—
(a)keep, in the approved form, a written record of the steps taken under subsection (2); or
(b)keep originals or copies of the documents and other evidence provided to or otherwise obtained by the original mortgagee in complying with subsection (2).

Maximum penalty—20 penalty units.

(5)The chief executive may, whether before or after the registration of the mortgage or amendment, and whether or not there has been registered a transfer of the mortgage, ask the original mortgagee—
(a)to advise the chief executive about the steps taken by the original mortgagee under subsection (2); and
(b)to produce for the chief executive’s inspection the written record mentioned in subsection (4)(a) or the originals or copies mentioned in subsection (4)(b).
(6)The original mortgagee must comply with a request under subsection (5) unless the original mortgagee has a reasonable excuse.

Maximum penalty—20 penalty units.

(7)This section applies to a mortgage only if it is executed after the commencement of this section.

s 288A ins 2005 No. 68s 20

amd 2010 No. 12s 137; 2013 No. 17s 17

288BMortgage transferee to confirm identity of mortgagor

(1)This section applies to the transfer of the mortgage of a lease or a sublease.
(2)Before the transfer is lodged for registration, the transferee under the transfer (the mortgage transferee) must take reasonable steps to ensure that the person who was the mortgagor under the mortgage was identical with the person who, when the mortgage was registered, was the lessee of the lease or sublessee of the sublease.
(2A)For subsection (2), a person was the mortgagor under a mortgage if the person executed the mortgage as mortgagor, including, if the mortgage is an electronic conveyancing document, through a subscriber digitally signing the document under the Electronic Conveyancing National Law (Queensland).
(2B)Also, for subsection (2), a person was the mortgagor under a mortgage if the mortgage is an electronic conveyancing document and the person signed, as mortgagor, a document that under the participation rules under the Electronic Conveyancing National Law (Queensland)—
(a)was required as a supporting document for the mortgage; and
(b)was required to be kept by the original mortgagee mentioned in section 288A(2).
(3)Without limiting subsection (2), the mortgage transferee takes reasonable steps under the subsection if the mortgage transferee complies with practices included in the manual of land title practice under section 286A(2)(c) for the verification of identification of mortgagors.
(4)The mortgage transferee must, for 7 years after the transfer of the mortgage is registered, and whether or not there is registered a further transfer of the mortgage—
(a)keep, in the approved form, a written record of the steps taken under subsection (2); or
(b)keep originals or copies of the documents and other evidence provided to or otherwise obtained by the mortgage transferee in complying with subsection (2).

Maximum penalty—20 penalty units.

(5)The chief executive may, whether before or after the registration of the transfer of the mortgage, and whether or not there has been registered a further transfer of the mortgage, ask the mortgage transferee—
(a)to advise the chief executive about the steps taken by the mortgage transferee under subsection (2); and
(b)to produce for the chief executive’s inspection the written record mentioned in subsection (4)(a) or the originals or copies mentioned in subsection (4)(b).
(6)The mortgage transferee must comply with a request under subsection (5) unless the mortgage transferee has a reasonable excuse.

Maximum penalty—20 penalty units.

(7)This section applies to a transfer of a mortgage only if the transfer is executed after the commencement of this section.
(8)However, this section applies in relation to a mortgage whenever executed.

s 288B ins 2005 No. 68s 20

amd 2013 No. 17s 18; 2017 No. 10 s 42 sch 1 pt 1

288CEffect of registration of mortgage under Land Title Act 1994

(1)This section applies if a mortgage (the relevant mortgage) to which section 288A(2) applied, or that was the subject of a transfer to which section 288B(2) applied, becomes registered under the Land Title Act 1994 on the issue of a deed of grant under this Act.

Example—

Under section 458(2), a deed of grant is issued subject to a mortgage to which section 288A(2) applied.
(2)Sections 288A and 288B continue to have effect in relation to the mortgage or transfer as if the mortgage were still registered under this Act.
(3)However, the Land Title Act 1994, sections 185(1A) and 189(1)(ab) have effect in relation to the mortgage.
(4)For applying subsection (3)—
(a)the references in the Land Title Act 1994, section 185(1A)(a) and (b) to the instrument of mortgage or amendment of mortgage are taken to be references to the relevant mortgage; and
(b)the references in the Land Title Act 1994, sections 185(1A)(a) and 189(1)(ab) to sections 11A(2) and 11B(2) of that Act are taken to be references to sections 288A(2) and 288B(2) respectively of this Act; and
(c)the reference in the Land Title Act 1994, section 185(1A)(b) to the registered proprietor of the lot or the interest in a lot is taken to be a reference to the lessee of the lease or the sublessee of the sublease.

s 288C ins 2005 No. 68s 20

amd 2010 No. 12s 138

289Giving consent for dealings

(1)Subject to subsections (2) to (4), if the consent of a person is required or permitted for a dealing with a lease, sublease or licence, the consent must be—
(a)written on the document for the dealing (the relevant document); or
(b)if the chief executive considers it appropriate—deposited with the relevant document.
(2)If the relevant document is an electronic conveyancing document, the person is taken to have complied with subsection (1) if the consent—
(a)is in the form of an electronic conveyancing document; and
(b)is deposited with the relevant document.
(3)Subsection (4) applies if the relevant document is lodged or deposited in an electronic form by an electronic communication under—
(a)this Act or another law, other than the Electronic Conveyancing National Law (Queensland); and
(b)the Electronic Transactions (Queensland) Act 2001.
(4)The person is taken to have complied with subsection (1) if—
(a)a method is used to identify the person and to indicate the person’s consent; and
(b)having regard to all the relevant circumstances when the method was used, the method was as reliable as was appropriate for the purposes for which the consent was communicated; and
(c)the chief executive consents to the requirement being met by using the method.

s 289 amd 2003 No. 6s 134

sub 2013 No. 17s 19

290Offence not to use appropriate form

If there is an appropriate form for a document, a person must not knowingly use a form for the document that is not the appropriate form.

Maximum penalty—20 penalty units.

s 290 prev s 290 om 2013 No. 17s 19

pres s 290 (prev s 290AA) ins 2003 No. 6s 135

renum 2013 No. 17s 20

Division 3A Format of plans of survey

div 3A hdg ins 2004 No. 9 s 75

290AAvailable formats for plans

(1)A plan of survey may be in a standard or volumetric format.
(2)The format to be used in the plan depends on how the plan is to define the land to which it relates.

s 290A ins 2004 No. 9s 75

290BStandard format plan

A standard format plan of survey defines land using a horizontal plane and references to marks on the ground.

Example of marks—

posts in the ground

s 290B ins 2004 No. 9s 75

290CVolumetric format plan

A volumetric format plan of survey defines land using 3 dimensionally located points to identify the position, shape and dimensions of each bounding surface.

s 290C) ins 2004 No. 9s 75

Division 3B Explanatory format plans

div 3B hdg (prev div 3A) ins 2001 No. 33s 11

renum 2004 No. 9s 73

290DExplanatory format plan

(1)Despite section 286, the chief executive may approve the lodging of a plan relating to an interest in land other than a plan of survey (an explanatory format plan) if the chief executive is satisfied the land to which the interest relates may be accurately defined using—
(a)information already held in the land registry; or
(b)other information the chief executive considers gives a high level of accuracy about the extent of the interest.
(2)Lodging an explanatory format plan, approved under this section, is sufficient compliance with a requirement under this Act to lodge a plan of survey.

s 290D (prev s 290A) ins 2001 No. 33s 11

amd 2001 No. 92s 13

renum 2004 No. 9s 74

amd 2005 No. 68s 21

Division 3C Plans of subdivision

div 3C hdg ins 2004 No. 9s 76

290EMeaning of plan of subdivision

A plan of subdivision is a plan of survey providing for 1 or more of the following—
(a)the division of 1 or more lots;
(b)the amalgamation of 2 or more lots to create a smaller number of lots;
(c)the dedication of land to public use;
(d)the redefinition of a lot on a resurvey.

s 290E ins 2004 No. 9s 76

290FPlan of subdivision may be registered

(1)A plan of subdivision may be registered in the appropriate register in the land registry.
(2)The plan takes effect immediately it is registered.

Example—

A lot defined in the plan is created as a lot when the plan is registered.
(3)The registration of a plan of subdivision does not limit anything the Governor in Council or Minister may do under this Act.
(4)On the registration of a plan of subdivision of transport land, the description of the land is amended as provided by the plan of subdivision.
(5)Subsection (4) is not limited by section 360 or 360A.

s 290F ins 2004 No. 9s 76

amd 2007 No. 19s 141; 2014 No. 29s 77

290FA[Repealed]

s 290FA ins 2007 No. 19s 142

om 2014 No. 29s 78

290GStandard format plan of subdivision

A standard format plan of subdivision may only divide a standard format lot.

s 290G ins 2004 No. 9s 76

290HVolumetric format plan of subdivision

A volumetric format plan of subdivision may divide a lot on a standard or volumetric format plan of subdivision.

s 290H ins 2004 No. 9s 76

290IDivision of lot on standard format plan of subdivision

(1)This section applies if a volumetric format plan of subdivision divides a standard format lot, creating 2 or more lots.
(2)If, after the division, a created lot continues to be defined using a horizontal plane and references to marks on the ground, the created lot is a standard format lot.

s 290I ins 2004 No. 9s 76

amd 2010 No. 12s 139

290JRequirements for registration of plan of subdivision

(1)A plan of subdivision must—
(a)show all proposed lots marked with separate and distinct numbers; and
(b)show all proposed easements marked with separate and distinct letters; and
(c)distinctly show all roads, parks, reserves and other proposed lots that are to be public use land; and
(d)if it provides for any proposed public use land to be a reserve—state the community purpose of the reserve; and
(e)comply with the Survey and Mapping Infrastructure Act 2003; and
(f)be certified as accurate by a cadastral surveyor within the meaning of the Surveyors Act 2003; and
(g)if any land the subject of the plan of subdivision is the subject of a lease issued under this Act, include a statement agreeing to the plan by—
(i)if there is a mortgagee in possession of the lease—the mortgagee in possession; or
(ii)otherwise—the lessee of the lease; and
(h)if any land the subject of the plan of subdivision is the subject of an occupation licence under this Act and the licensee is surrendering all or part of the licence—include a statement agreeing to the plan by the licensee; and
(i)if a road is permanently closed under section 108—show the road as permanently closed; and
(j)if a road permanently closed is amalgamated with land under section 109(2)—show the amalgamation; and
(k)be consented to by the Minister; and
(l)be consented to by—
(i)each person whose interests as a registered mortgagee are affected by the plan; and
(ii)each person whose interests as a registered sublessee are affected by the plan; and
(iii)each person whose interests as a registered grantee of an easement or profit a prendre are affected by the plan; and
(m)include a statement identifying each lot created by the plan of subdivision that is to remain subject to the title reference for any lease, licence, reserve or unallocated State land affected by the plan.
(2)If the plan of subdivision defines the boundaries of a lease, or part of a lease, or another interest in land less than freehold, that is acquired by resumption under the authority of an Act—
(a)subsection (1)(g), (h), (k) and (l) does not apply; and
(b)the plan must be consented to by the acquiring entity.
(3)If the plan of subdivision relates only to transport land, the plan of subdivision need not be consented to by the Minister as otherwise would be required under subsection (1).
(4)If the plan of subdivision is needed to effect the absolute or partial revocation of a reserve or the absolute or partial cancellation of an occupation licence, subsection (1)(l) does not apply.
(5)Subsection (6) applies, despite subsection (1), if—
(a)the land the subject of the subdivision is in a priority development area; and
(b)the plan of subdivision has been consented to by MEDQ.
(6)The plan must be registered without the consent of the Minister or anyone else whose consent would otherwise have been required for the plan if it otherwise complies with this section.

s 290J ins 2004 No. 9s 76

amd 2004 No. 9s 81 sch; 2005 No. 67s 15; 2005 No. 68s 22; 2007 No. 41s 235; 2007 No. 19s 143 (amd 2007 No. 57s 23); 2012 No. 43s 221sch 1

290JA Dedication of public use land in plan

(1)This section applies to the dedication of land to public use in a registered plan of subdivision.
(2)On the coming into effect of the plan, without anything further—
(a)if the dedication is for a reserve—the land is dedicated as a reserve for the community purpose or purposes stated in the plan; or
(b)if the dedication is for a road—the road is opened as a road; or
(c)if the dedication is for a non-tidal watercourse or a lake—the plan is taken to be the source material for the land for the Survey and Mapping Infrastructure Act 2003, section 99; or

Note—

The Survey and Mapping Infrastructure Act 2003, section 99 defines when a boundary of land is a non-tidal boundary (watercourse) or non-tidal boundary (lake). See section 13A of this Act for provisions about the ownership of land on the watercourse side or lake side of one of these boundaries.
(d)otherwise—the land becomes unallocated State land.
(3)Subsection (4) applies to an easement over a lot if—
(a)the easement is an easement for providing access or a right of way, including a public thoroughfare easement; and
(b)the lot or a part of the lot is dedicated for a road under subsection (2).
(4)The easement is extinguished to the extent it is over the lot or the part of the lot dedicated for the road.

s 290JA ins 2007 No. 19s 144

amd 2013 No. 23s 91

290JB Access for public use land

A plan of subdivision providing for the dedication of a lot to public use, other than as a road, non-tidal watercourse or a lake, may be registered only if—
(a)on the registration and coming into effect of the plan, access to the lot will be available through a road or a public thoroughfare easement; or
(b)the Minister has approved that the plan of subdivision may be registered without access to the lot being available.

s 290JB ins 2007 No. 19s 144

amd 2013 No. 23s 92

290KParticulars to be recorded when registered plan takes effect

In registering a plan of subdivision, the chief executive must record in the appropriate register—
(a)if the boundaries of land affected by the plan of subdivision are changed on the coming into effect of the plan—any new description as identified on the reverse of the plan; and
(b)if all or part of land affected by the plan of subdivision becomes a reserve on the coming into effect of the plan—the particulars of the reserve; and
(c)if all or part of land affected by the plan of subdivision becomes public use land other than a reserve or road—the particulars of the unallocated State land.

s 290K ins 2004 No. 9s 76

sub 2007 No. 19s 144

290LLodged plan that is withdrawn and relodged

If a plan of subdivision is withdrawn and relodged under section 308, it must be treated for the purposes of section 283 and section 298 to have been lodged when it was first lodged.

s 290L ins 2004 No. 9s 76

290MDivision excluding road or watercourse

(1)A lot may be divided by a plan of subdivision, even though there is a road or watercourse within the boundaries of the lot that is not part of the lot.
(2)However, the road or watercourse is not included in any lot created by the plan of subdivision, even though it may be within the boundaries of the lot.

s 290M ins 2004 No. 9s 76

290NPre-examination of plans

(1)Nothing in this Act prevents the chief executive from examining a plan of survey and related instruments deposited before the plan is lodged for registration.
(2)Section 305 applies to a plan and related instruments deposited under subsection (1).

s 290N ins 2004 No. 9s 76

Division 3D Electronic conveyancing documents

div 3D hdg ins 2013 No. 17 s 21

290OReference to a particular type of document includes its electronic conveyancing form

A reference in this Act to a document of a type that may be lodged or deposited under this Act includes a reference to the document in the form of an electronic conveyancing document.

s 290O ins 2013 No. 17s 21

290PWhat is an electronic conveyancing document

(1)An electronic conveyancing document is a document under the Electronic Conveyancing National Law (Queensland) that—
(a)is of a type mentioned in schedule 6, definition document, paragraphs (a) to (g); and
(b)is lodged electronically under section 7 of the Law, in the land registry.

Note—

Under the Electronic Conveyancing National Law (Queensland), schedule 1, section 12(1), definition document, a document includes any record of information that exists in a digital form and is capable of being reproduced, transmitted, stored and duplicated by electronic means.
(2)Subsection (3) applies to a document that is lodged or deposited in an electronic form by an electronic communication under—
(a)this Act or another law, other than the Electronic Conveyancing National Law (Queensland); and
(b)the Electronic Transactions (Queensland) Act 2001.
(3)To remove any doubt, it is declared that the document is not an electronic conveyancing document.

s 290P ins 2013 No. 17s 21

290QSigning or executing an electronic conveyancing document

If this Act provides for a document to be signed or executed and the document is an electronic conveyancing document, the document must be digitally signed as provided for under the Electronic Conveyancing National Law (Queensland).

s 290Q ins 2013 No. 17s 21

Division 4 Powers of the chief executive

291Chief executive may correct registers

(1)The chief executive may correct a register mentioned in section 276 if the chief executive is satisfied—
(a)the register is incorrect; and
(b)the correction will not prejudice the rights of the holder of an interest in the relevant lease, licence, permit or reserve.
(2)The chief executive’s power to correct a register includes power to correct a particular in the register or a document forming part of the register.
(3)If a register is corrected, the chief executive must record in the register—
(a)the state of the register before the correction; and
(b)the time, day and circumstances of the correction.
(4)A register corrected by the chief executive under this section has the same effect as if the incorrect recording had not been made.

s 291 amd 1995 No. 58s 4sch 2

291ACorrection for omitted easement

(1)Despite section 291(1)(b), the chief executive may otherwise act under section 291 to correct the leasehold land register to include the particulars of an easement (easement particulars) that have been omitted from the register in relation to a lease.
(2)For subsection (1), easement particulars are taken to have been omitted from the leasehold land register in relation to a lease only if—
(a)the easement was in existence when the particulars of the lease were first registered, but the easement particulars have never been recorded in the leasehold land register against the lease; or
(b)the easement particulars have previously been recorded in the leasehold land register, but the current particulars in the leasehold land register about the lease do not include the easement particulars, other than because the easement has been extinguished in relation to the lease; or
(c)the document providing for the easement was lodged for registration but, because of an error of the chief executive, has never been registered.
(3)Subsection (2) applies whether or not the lease has at any time been transferred or otherwise dealt with.
(4)In subsection (2)(b)—
extinguished includes surrendered.

s 291A ins 2005 No. 68s 23

292Lot-on-plan description

The chief executive may simplify the description of land registered in a register by amending the existing description to a lot-on-plan description.

293[Repealed]

s 293 om 2003 No. 6s 136

294Chief executive may require public notice to be given of certain proposed action

(1)This section applies if a person (the applicant) asks the chief executive to register a transmission of a registered interest.
(2)The chief executive, by notice, may require the applicant to give public notice of the request.
(3)The chief executive may specify in the notice to the applicant—
(a)what must be included in the public notice; and
(b)how many times the public notice must be published; and
(c)how and when the public notice must be published.
(4)The applicant must satisfy the chief executive that the public notice has been given as required by the chief executive.

s 294 amd 2007 No. 19s 145; 2013 No. 23s 352sch 1pt 1

Part 1A Building management statements

pt 1A hdg ins 2004 No. 9s 77

Division 1 Application

294AApplication

This part applies only to transport land.

s 294A ins 2004 No. 9s 77

Division 2 Building management statements

294BBuilding management statement may be registered

(1)A building management statement may be registered.
(2)A building management statement is a document that—
(a)identifies lots to which it applies; and
(b)contains provisions benefiting and burdening the lots to which it applies; and
(c)otherwise complies with the requirements of this division for a building management statement.
(3)Each lot to which a building management statement applies must be a lot entirely or partly contained in, or entirely or partly containing, 1 or more buildings.
(4)However, a building management statement that otherwise complies with subsection (3) may also apply to a lot that is not entirely or partly contained in, and does not entirely or partly contain, 1 or more buildings if the lot is the subject of a building development approval.
(5)If a lot to which a building management statement applies is the subject of a plan of subdivision, the statement applies to each lot created by the registration of the plan.
(6)However, the registration of a building management statement does not limit anything the designated person may do, or the chief executive must do, under section 360 or 360A.
(7)In this section—
building development approval means a development approval under the Planning Act for development relating to a proposed building or buildings.

s 294B ins 2004 No. 9s 77

amd 2005 No. 68s 24; 2007 No. 19s 146; 2009 No. 36s 872sch 2; 2016 No. 27 s 281

294BA Single area for lots to which building management statement applies

(1)The lots to which a building management statement applies must form a single, continuous area of land.
(2)A number of lots are taken to form a single, continuous area of land even if there is a road or watercourse within the external boundaries of the area comprising of the lots.
(3)Despite subsection (1), a building management statement may apply to lots that do not form a single, continuous area of land if the chief executive is satisfied, on reasonable grounds, that all the lots are located within an area that is sufficiently limited to ensure the effective and efficient application of the provisions of this division.

s 294BA ins 2004 No. 68s 25