Queensland: Land Act 1994 (Qld)

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related purposes Chapter 1 Preliminary Part 1 Introduction 1 Short title This Act may be cited as the Land Act 1994. 2 [Repealed] 3 Dictionary The dictionary in schedule 6 defines particular words used in this Act. 3A Aboriginal people particularly concerned with land and Torres Strait Islanders particularly concerned with land For this Act— (a) Aboriginal people are particularly concerned with land if they are particularly concerned with the land within the meaning of the Aboriginal Land Act 1991, section 3(2); and (b) Torres Strait Islanders are particularly concerned with land if they are particularly concerned with the land within the meaning of the Torres Strait Islander Land Act 1991, section 3(2). Part 2 Objects 4 Object 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 to support 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 5 Land 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). 6 Act 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. 7 Relationship 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 Division 1 Preliminary 8 Definitions 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). chief executive (water) means the chief executive of the department in which the Water Act 2000 is administered. non-tidal boundary (lake) has the same meaning as in the Survey and Mapping Infrastructure Act 2003, part 7. non-tidal boundary (watercourse) has the same meaning as in the Survey and Mapping Infrastructure Act 2003, part 7. non-tidal lake land see section 13AA(1)(b). non-tidal watercourse land see section 13AA(1)(a). 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. right line boundary has the same meaning as in the Survey and Mapping Infrastructure Act 2003, part 7. right line tidal boundary, of land, means a right line boundary of the land that— (a) is located approximately where a tidal boundary might otherwise be located; or 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. (b) adjoins land that is, whether permanently or from time to time, covered by tidal water. tidal boundary has the same meaning as in the Survey and Mapping Infrastructure Act 2003, part 7. 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. 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. Division 2 The tidal environment 9 Land 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 relevant commencement 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. (7) For subsection (6), relevant commencement means— (a) in relation to a tidal boundary or right line tidal boundary under section 8, definition right line tidal boundary, paragraph (a)—the commencement of subsection (6); or (b) in relation to a right line tidal boundary under section 8, definition right line tidal boundary, paragraph (b)—the commencement of this subsection. 10 Land 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. 11 Local 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. 12 Inundated 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. 13 Power 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. Division 3 The non-tidal environment 13A Land 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. 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. 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. 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. 13B Power 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 public service 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). Chapter 2 Land allocation Part 1 Allocation powers 14 Governor in Council may grant land (1) The Governor in Council may grant, in fee simple— (a) unallocated State land; or (b) land contained in an operational reserve or a part of the land; or (c) land contained in an operational deed of grant in trust in relation to which chapter 3, part 1, division 4A applies or a part of the land; or (d) rail land; or (e) approved land. (2) The Governor in Council may also grant, in fee simple in trust, unallocated State land for use for 1 of the following purposes— (a) a community purpose; (b) provision of services beneficial to Aboriginal people particularly concerned with the land; (c) provision of services beneficial to Torres Strait Islanders particularly concerned with the land. (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. 15 Leasing land (1) The Governor in Council may issue a freeholding lease following an offer to convert a lease under chapter 4, part 3, division 3. (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. 16 Deciding appropriate tenure (1) Before land is allocated under this Act, the chief executive must evaluate the land to assess the most appropriate tenure for the land. (2) When conducting the evaluation, the chief executive must— (a) take account of the object of this Act; and (b) take account of State, regional and local planning strategies and policies, including, for example, planning instruments under the Planning Act that apply to the land; and (c) take account of commitments of, and undertakings given by, the State in relation to the land; and (d) to the extent the land is in a priority development area—take account of, and give primary consideration to, any relevant development instrument under the Economic Development Act 2012 that applies to the land; and (e) to the extent the land is Cape York agreement land—take account of commitments and undertakings given by a person under, or arising from, a Cape York agreement that have effect in relation to tenure. (3) The chief executive may comply with subsection (1) by using, as the evaluation, an earlier assessment of the most appropriate tenure for the land if— (a) the assessment was conducted by or for the State; and (b) the chief executive is satisfied the assessment takes account of the matters mentioned in subsection (2). (4) This section does not apply to— (a) a grant of rail land in fee simple to the State; or (b) the dedication of unallocated State land as a reserve. (5) 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. 17 Granting land to the State and the Commonwealth (1) The Governor in Council may grant, in fee simple to the State— (a) unallocated State land; or (b) land contained in an operational reserve or a part of the land; or (c) land contained in an operational deed of grant in trust in relation to which chapter 3, part 1, division 4A applies or a part of the land; or (d) rail land. (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. 18 Exchanging 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. 18A Grant 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. 19 Minister may buy land The Minister, for the State, may buy land leased under this Act or freehold land. 20 Dealing 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. Part 2 Reservations 21 Reservation 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. 22 Reservation 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. 23 Reservation 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. 23A Floating 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 chief executive 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 chief executive 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 chief executive 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 chief executive 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 chief executive 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 chief executive's decision for subsection (1) and the reasons for the decision must be given to the applicant. (6) The applicant may appeal against the chief executive's decision. 24 Disposal 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. 25 Disposal 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. 26 Minister 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. 26A Disposal 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. 26B Forest 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. 26C Effect 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 chief executive and the authorisation has not specifically excluded the payment of compensation—the improvements authorised. Part 3 Native title 27 Object 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. 28 Interaction with native title legislation (1) Any action taken under this Act, including an action taken by a trustee of trust land under section 52, 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 this section— action includes any of the following— (a) reserving land; (b) dedicating land as a road; (c) granting land; (d) granting or issuing a lease, licence or permit over— (i) land contained in a deed of grant in trust or a reserve; or (ii) a nature conservation area; or (iii) a road; or (iv) a specified national park; or (v) a State forest; or (vi) a timber reserve; or (vii) unallocated State land; (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; (l) changing the way land contained in a deed of grant in trust or a reserve is used; (m) actions above and below high-water mark and in layers or strata; (n) offering or agreeing to carry out an action. 29 Taking into consideration Aboriginal tradition and Islander custom (1) If land is entered under chapter 6A, part 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 6A, part 3 deals with the power of an authorised officer to enter a place, including a place that is freehold land or non-freehold land. (2) In this section— native title register means the National Native Title Register under the Native Title Act 1993 (Cwlth). Chapter 3 Reserves, deeds of grant in trust and roads Part 1 Reserves and deeds of grant in trust Division 1 General 30 Object 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 particular 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 land is dedicated as a reserve or granted in trust; and (c) ensure that the purpose for which the land is dedicated as a reserve or granted in trust is not diminished by granting inappropriate interests over the land; and (d) enable a deed of grant to be issued over— (i) land contained in an operational reserve or a part of the land; or (ii) land contained in an operational deed of grant in trust in relation to which division 4A applies or a part of the land. Division 2 Reserves Subdivision 1 Reserves generally 31 Dedication of reserve (1) The Minister may dedicate unallocated State land as a reserve for 1 or more of the following purposes— (a) a community purpose; (b) a purpose that is the provision of services beneficial to Aboriginal people particularly concerned with the land; (c) a purpose that is the provision of services beneficial to Torres Strait Islanders particularly concerned with the land; (d) a purpose, other than a purpose mentioned in paragraphs (a) to (c), that is for the community, having regard to community need and the public interest. (2) However, the Minister may dedicate unallocated State land as a reserve for a purpose mentioned in subsection (1)(b) or (c) only if the 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 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. 31A Changing boundaries of reserve (1) The Minister may change the boundaries of a reserve other than a reserve dedicated for a purpose mentioned in section 31(1)(b) or (c). (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. 31B Changing purpose (1) The Minister may change the purpose for which a reserve is dedicated by— (a) changing the purpose to another purpose; or (b) adding a purpose for which the reserve is dedicated; or (c) removing a purpose for which the reserve is dedicated. (2) However, the Minister may change the purpose to another purpose or add a purpose only if— (a) the new purpose is a purpose mentioned in section 31(1); and (b) for a new purpose mentioned in section 31(1)(b) or (c)—the reserve is transferable land. (3) Also, the Minister may change the purpose of a reserve dedicated for a purpose mentioned in section 31(1)(b) or (c) only to Aboriginal purposes or Torres Strait Islander purposes. (4) Further, the Minister may not remove a purpose for which the reserve is dedicated if it is the only purpose. (5) The Minister may change the purpose for which a reserve is dedicated under this section without receiving an application under section 31D(1). (6) The purpose for which a reserve is dedicated is changed by registering an adjustment notice. (7) 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. (8) The change of purpose for which a reserve is dedicated takes effect on the day the adjustment notice for the change is registered. 31C Applying for dedication of reserve (1) A person may apply to the Minister for the dedication of unallocated State land as a reserve for 1 or more of the purposes mentioned in section 31(1)(a), (b) or (c). (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. (3) The person may also give notice to any other person the first person considers has an interest in the unallocated State land. 31D Applying 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, an application to change the purpose for which the reserve is dedicated to another purpose or to add a purpose may be made only if the new purpose is a purpose mentioned in section 31(1)(a), (b) or (c). (3) Before applying under subsection (1), 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— (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. 31E [Repealed] 31F Notice 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. 32 State 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 chief executive, 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. 33 Revocation of reserves (1) The Minister may revoke the dedication of all or part of a reserve if— (a) it is not needed for a community purpose and, for a reserve dedicated for a purpose mentioned in section 31(1)(b) to (d), it is no longer needed for that 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. 34 Applying 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. 34A [Repealed] 34B [Repealed] 34C Removal 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. 34D Registration 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. 34E Notice 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. 34F Effect of revocation On the revocation of all or part of a reserve under this subdivision, 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. 34G Person to give up possession (1) On the revocation of the dedication of all or part of a reserve under this subdivision, 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. 34H Dealing with improvements (1) An owner of improvements on a reserve the dedication of which has been revoked under this subdivision may apply, in writing to the chief executive, 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 chief executive. (3) The improvements become the property of the State if— (a) the chief executive refuses to give written approval for their removal; or (b) the chief executive gives written approval for their removal but the improvements have not been removed within the time stated by the chief executive. (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. Subdivision 2 Operational reserves 34I Application of subdivision This subdivision applies in relation to land contained in an operational reserve. 34IA [Repealed] 34J Requesting recommendation for issue of deed of grant (1) The trustee of the operational reserve may ask the Minister to recommend to the Governor in Council the issue of a deed of grant over the land, or a part of the land, under section 34L. (2) Before making the request, the trustee must give notice of the trustee's intention to make the request to each person with a registered interest in the land the subject of the request. (3) The trustee may also give notice to any other person the trustee considers has an interest in the land the subject of the request. 34K Offer to recommend issue of deed of grant (1) The Minister may make an offer to the trustee of the operational reserve to recommend to the Governor in Council the issue of a deed of grant over the land, or a part of the land, under section 34L. (2) However, the Minister may make the offer only if satisfied the deed of grant would be an appropriate tenure for the land or part. (3) Before accepting the offer, the trustee— (a) must give notice of the offer to each person with a registered interest in the land to which the offer relates; and (b) may give notice of the offer to any other person the trustee considers has an interest in the land to which the offer relates. Note— See also chapter 7, part 1D. 34L Recommending issue of deed of grant (1) This section applies if— (a) the trustee of the operational reserve has, under section 34J, asked the Minister to recommend to the Governor in Council the issue of a deed of grant over the land or a part of the land; or (b) the Minister has, under section 34K, made an offer to the trustee of the operational reserve to recommend to the Governor in Council the issue of a deed of grant over the land or a part of the land, and the offer has been accepted by the trustee. (2) The Minister may recommend to the Governor in Council the issue of the deed of grant. (3) However, the Minister may make the recommendation only if satisfied the deed of grant would be an appropriate tenure for the land or part. (4) If the Minister decides to recommend to the Governor in Council the issue of the deed of grant, the Minister must decide the purchase price for the land or part in the way prescribed by regulation. 34M Removal of interests before grant Before the Governor in Council issues a deed of grant over the land or a part of the land— (a) any State lease over the land or part must be resumed or surrendered; and (b) any permit to occupy that exists over the land or part must be cancelled or surrendered. 34N Effect of registering deed of grant (1) On the registration of a deed of grant over the land, the dedication of the reserve is revoked. (2) On the registration of a deed of grant over a part of the land, the dedication of the reserve is revoked to the extent it relates to the part. (3) The deed of grant takes effect on the day it is registered. (4) The registrar of titles must— (a) record the revocation in the appropriate register; and (b) record in the appropriate register and on the deed of grant— (i) any easement or trustee lease over the land the subject of the revocation; and (ii) any registered interests in an easement or trustee lease mentioned in subparagraph (i). 34O Notices about deed of grant (1) The chief executive must give notice of the registration of a deed of grant over the land or a part of the land to— (a) the trustee of the reserve; and (b) each person given a notice under section 34J(2) or (3) or 34K(3) in relation to the deed of grant. (2) The notice under subsection (1) must state the following— (a) the day of registration of the deed of grant; (b) the effect of sections 34N and 34OA. (3) If the Governor in Council does not issue a deed of grant over the land or a part of the land in accordance with a recommendation under section 34L, the chief executive must give notice of the fact to each person mentioned in subsection (1). 34OA Effect of revocation of operational reserve On the revocation of all or part of the operational reserve under section 34N, 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) the deed of grant is issued subject to— (i) any easement or trustee lease over the land; and (ii) any registered interests in an easement or trustee lease over the land. Division 3 Deeds of grant in trust 34P Subdivision 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 DOG