LAND ACT 1994

Queensland Consolidated Acts

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LAND ACT 1994

TABLE OF PROVISIONS

Long Title

Contents

CHAPTER 1--PRELIMINARY

Part 1--Introduction

1. Short title
3. Dictionary

Part 2--Objects

4. Object of this Act

Part 3--Application of Act

5. Land to which Act applies
6. Act binds all persons
7. Relationship with Native Title Act

Part 4--Land near high-water mark

8. Definitions for pt 4
9. Land below high-water mark owned by the State
10. Accretions owned by the State
11. Local government for new land
12. Inundated land
13. Power to deal with land below high-water mark

CHAPTER 2--LAND ALLOCATION

Part 1--Allocation powers

14. Governor in Council may grant land
15. Leasing land
16. Deciding appropriate tenure
17. Granting land to the State
18. Exchanging land
18A. Grant or lease of unallocated State land in consideration of surrender of native title interest
19. Minister may buy land
20. Dealing with mining interests

Part 2--Reservations

21. Reservation of minerals, petroleum etc.
22. Reservation of quarry materials
23. Reservation for public purposes
23A. Floating reservation on plan of subdivision
24. Disposal of reservations no longer needed
25. Disposal of reservations by sale
26. Minister may decide boundaries of reservations
26A. Disposal of redundant reservation
26B. Forest entitlement areas
26C. Effect of resumption of forest entitlement area

Part 3--Native title

27. Object
28. Interaction with native title legislation
29. Taking into consideration Aboriginal tradition and Islander custom

CHAPTER 3--RESERVES, DEEDS OF GRANT IN TRUST AND ROADS

Part 1--Reserves and deeds of grant in trust

Division 1--General

30. Object

Division 2--Reserves
Subdivision 1--Reserves generally

31. Dedication of reserve
31A. Changing boundaries of reserve
31B. Changing community purpose
31C. Applying for dedication or adjustment of reserve
31D. Notice of proposal to dedicate or adjust reserve
31E. Submissions
31F. Notice of registration of action in relation to reserve
32. State leases over reserves
33. Revocation of reserves
34. Applying to revoke dedication of reserve
34A. Notice of proposal to revoke dedication of reserve
34B. Submissions
34C. Removal of interests before revocation
34D. Registration revokes dedication of reserve
34E. Notice of revocation
34F. Effect of revocation
34G. Person to give up possession
34H. Dealing with improvements
Subdivision 2--Operational reserves
34I. Applying for deed of grant
34J. Notice of proposal to issue deed of grant
34K. Submissions
34L. Removal of interests before grant
34M. Registration of deed of grant revokes reservation and setting apart
34N. Notice of registration of deed of grant
34O. Effect of revocation

Division 3--Deeds of grant in trust

35. Use for community purposes of land granted in trust
36. Amalgamating land with common purposes
37. Removing area from deed of grant in trust
38. Cancelling a deed of grant in trust
38A. Applying for additional community purpose, amalgamation or cancellation
38B. Notice of proposal to add community purpose, amalgamate land or cancel
38C. Submissions
38D. Notice of registration of action
38E. Effect of cancellation
38F. Person to give up possession
38G. Dealing with improvements

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

39. Application of division
40. Improvements and land may be excluded
41. Survey not needed
42. Change of boundaries or roads
42A. Amalgamating unallocated State land with existing deeds of grant in trust
43. Only Parliament may delete land from or cancel an existing deed of grant in trust

Division 5--Appointments, functions and removal of trustees

44. Appointing trustees
45. Details of trustees
46. Trustee's administrative functions
47. Trustee's accounting functions
48. Trustees to give information and allow inspection of records
49. External audits
50. Vacation of office by trustee
51. Removal of trustees

Division 6--Powers of trustee

52. General powers of trustee
52A. Declaration that trustee is statutory body
53. Statutory body trustee powers
53A. State trustee powers and delegation
54. No power to sell trust land
55. Power to surrender deed of grant in trust
55A. Applying to surrender
55B. Notice of proposal to approve surrender
55C. Submissions
55D. Registration surrenders deed of grant in trust
55E. Notice of surrender
55F. Effect of surrender
55G. Person to give up possession on surrender
55H. Dealing with improvements
56. Model by-laws

Division 7--Trustee leases and trustee permits

57. Trustee leases
57A. Amending a trustee lease
58. Other transactions relating to trustee leases
59. Basis of Ministerial approval
60. Trustee permits
61. Conditions on trustee leases and trustee permits
62. Grouping trust land
63. Rent to be charged
64. Minister may dispense with approval
65. Cancellation of a trustee lease or trustee permit
66. Right to remove improvements on cancellation

Division 8--Mortgaging trust land

67. Power to mortgage trust land
68. Mortgagee in possession
69. What is the unimproved value
70. Sale by mortgagee in possession
71. Effect of sale
72. Disposal of sale price

Division 9--Winding-up trusts of trust land

73. Application of division
74. Minister may start winding-up
75. Property vests in liquidator
76. Sale of trust assets
77. Trustees to help in winding-up
78. Winding-up may continue after revocation, cancellation or sale

Division 10--Cemeteries

79. Cemetery registers
80. Trustee may remove structures
81. Application to close or reopen cemetery
82. Trustees may transfer trust to local government
83. Exhumations

Division 11--Other grants for public purposes

84. Surrender of land still needed for a public purpose
85. Surrender of land no longer needed for a public purpose
86. Public notice of proposed surrender
87. Effect of surrender
88. Dealing with land used as a cemetery

Division 12--Miscellaneous

89. Survey of trust land
90. Application of Acts to trustees
91. Trustees taken to be owners for legal proceedings
92. Protection from liability

Part 2--Roads

Division 1--Dedicating and opening roads

93. Meaning of road
94. Dedication of road
95. Roads vest in the State
96. Roads in existing leases are dedicated
97. Clarification of road status

Division 2--Closing roads

97A. Definitions for div 2
98. Closure of road
99. Application to close road
100. Public notice of closure
101. Minister to consider objections
102. Changing application

Division 3--Road licences for temporarily closed roads

103. Issue of road licence
104. Conditions of issuing road licence
105. Cancellation or surrender of road licence

Division 3A--Temporarily closed roads

106. Temporarily closed road still dedicated land
107. Reopening a temporarily closed road

Division 4--Permanently closed roads

108. Permanent closure of road
109. Closed road may be dealt with as lot or amalgamated with adjoining land
109A. Simultaneous opening and closing of roads—deed of grant
109B. Simultaneous opening and closure of roads—trust land or lease land
109C. Buying or leasing land if closed road amalgamated with adjoining land

Division 5--Building of roads in State developments

110. Minister may build roads
111. When road comes under local government control

CHAPTER 4--LAND HOLDINGS

Part 1--Making land available

Division 1--Interests in land available by competition

112. Interests in land available by auction, tender or ballot
113. Public notice of availability to be given
114. Information to be included in sale notice
115. Conditions of sale
116. Interests in land may be sold after auction
117. Interest may be withdrawn from auction, tender or ballot
118. Appeal against exclusion from ballot or tender
119. Conduct of ballot
120. Offer to winner of ballot or tender

Division 2--Interests in land available without competition

120A. Applying for interest in land without competition
121. Leases of unallocated State land
122. Deeds of grant of unallocated State land
123. Priority criteria
124. Leases of State forests and national parks
125. Deeds of grant in trust and leases over reserves
126. Strategic port land
127. Reclaimed land
128. Meaning of significant development
129. Lease for significant development
130. Transfer of lease for significant development
130A. Change of financial and managerial capabilities of lessee of lease for significant development
131. Amalgamation may be a condition

Division 3--Availability of additional areas

132. Granting additional areas
133. Who is eligible for additional areas
134. Issues the Minister must consider
135. Committee of review to help Minister
136. Conditions of offer and lease

Division 4--Miscellaneous

137. Right to occupy
138. Default
138A. Restriction on commencement of lease or permit
139. Improvements to be bought by incoming lessee or buyer
140. Provisional value may be negotiated
141. Payment of survey fee

Part 2--Eligibility to hold land

Division 1--General eligibility restrictions

142. Minors not to hold land
143. Departmental officers not to hold land without approval

Division 2--Corporation and aggregation restrictions

144. Division applies only to leases for grazing and agriculture
145. Only individuals may hold leases
146. Maximum individual holding
147. Calculating holdings
148. Excess holdings
149. Leases may not be held on trust
150. Meaning of family arrangement
151. Eligibility not affected by devolution by law
152. Division does not apply to State

Part 3--Leases

Division 1--Preliminary

153. Lease must state its purpose
154. Minister may approve additional purposes
155. Length of term leases
155A. Extending particular term leases for a term of up to 40 years
155B. Extending particular term leases for a term of up to 50 years
155C. Registering and taking of effect of extension
155D. Power to reduce term of extended term lease
155E. Provisions about reduction
156. Application of Dividing Fences Act

Division 2--Expiry and renewal

157. Expiry of lease
157A. Chief executive's approval required for renewal
158. Application for new lease
159. General provisions for deciding application
159A. Provisions for decision about most appropriate form of tenure
160. Written notice of chief executive's decision
160A. Land management agreement condition for particular offers
161. When offer has been accepted
162. Issuing of new lease
162A. Conditions imposed on particular new leases
163. Land not included in the offer
164. Short term extension

Division 3--Conversion of tenure

165. Application of division
165A. Chief executive's approval required for conversion
166. Application to convert lease
167. Provisions for deciding application
168. Written notice of chief executive's decision
168A. Land management agreement for new perpetual lease
169. Conditions of freehold offer
170. Purchase price if deed of grant offered
171. When offer has been accepted
172. Issuing of new tenure
173. Land not included in the offer
173A. Short term extension
174. Freeholded lease may not be transferred without approval

Division 4--Subdividing leases

175. When lease may be subdivided
176. Application to subdivide
176A. General provisions for deciding application
176B. Criteria for deciding application
176C. Specific grounds for refusal
176D. Notice of decision
176E. Appeal against refusal
176F. Acceptance of subdivision offer
176G. Issuing of new leases
176H. Restriction on transferring new leases
176I. Power to waive fees if chief executive requested application

Division 5--Amalgamating leases

176J. When leases may be amalgamated
176K. Application to amalgamate
176L. General provisions for deciding application
176M. Criteria for deciding application
176N. Roads
176O. Specific grounds for refusal
176P. Notice of decision
176Q. Appeal against refusal
176R. Acceptance of amalgamation offer
176S. Issuing of amalgamated lease
176T. Power to waive fees if chief executive requested application

Division 6--Land management agreements

176U. Making and registration of agreement about land management
176V. Purposes of a land management agreement
176W. Content of land management agreement
176X. Reviewing land management agreement

Division 7--Miscellaneous provisions

176Y. Part does not affect amounts owing relating to lease
176Z. When payment obligations end if lease ends under part
176ZA. Overpayments relating to former lease

Part 4--Permits to occupy particular land

177. Chief executive may issue permit
177A. Applying for permit
177B. Notice of intention to issue permit
177C. Submissions
177D. Notice of permit
178. Permits below high-water mark
179. Fencing
180. When permit may be cancelled or surrendered
180A. Applying to cancel or surrender permit
180B. Notice of proposal to cancel or approve surrender
180C. Submissions
180D. When cancellation or surrender is effective
180E. Notice about cancellation or surrender
180F. Effect of cancellation or surrender
180G. Permittee to give up possession on cancellation or surrender
180H. Dealing with improvements

CHAPTER 5--MATTERS AFFECTING LAND HOLDINGS

Part 1--Rents

Division 1--Rents

181. Rent periods
182. Rent categories
183. Rent payable generally
183A. Set rents
183AA. Protection against particular undue rental increases
184. Rent adjustments

Division 2--Concessional rents

185. Development and investigation concessions
186. Charitable, recreational and sporting concessions
187. Residential hardship concessions
188. Property build-up concession

Division 3--Rent and instalment payments

190. When rent is owing
191. Overpayment of rent
192. Deferral of rent and instalment payments for hardship
193. Forgiveness of deferred rent payments
194. Change of circumstances

Division 4--Action for non-payment of rent and instalments

194A. Meaning of instalment for div 4
195. Penalty interest on outstanding rent and instalments
196. Designated officer may take action for non-payment
197. Notice of intention to cancel
198. Designated officer may reinstate if payment made

Part 1A--Future conservation areas

198A. Management principles
198B. Protection of reservation for future conservation area

Part 2--Conditions

Division 1--General mandatory conditions

198C. Operation of div 1
198D. Mandatory conditions need not be registered
199. Duty of care condition
199A. Land may be used only for tenure's purpose
200. Noxious plants condition
201. Information condition
202. Improvement condition

Division 2--Imposed conditions

202A. Operation of div 2
202B. Imposed condition must be registered
203. Typical conditions
204. Survey condition
205. Tied condition
206. Personal residence condition
207. Another person may complete personal residence condition
208. Resumption condition
209. Performance security condition

Division 3--Changing and reviewing imposed conditions

210. Power to change imposed condition of lease, licence or permit by agreement
211. Reviewing imposed conditions of lease
212. Minister may change imposed conditions after review

Division 4--Compliance with conditions

213. Obligation to perform conditions

Division 5--Remedial action

214. Minister's power to give remedial action notice
214A. Steps required before giving remedial action notice
214B. Appeal against decision to give remedial action notice
214C. Additional condition of lease or licence to take required remedial action
214D. Failure to comply with remedial action notice
214E. Power to reduce term of lease or impose additional conditions
214F. Provisions about reduction or additional conditions

Part 3--Resumption and compensation

Division 1--Resumption of a lease or easement

215. Application of division
216. Resumption of lease
217. Resumption of an easement
218. Resumption for constructing authorities
219. Effect of resumption
220. Service of order in council
221. Application of Acquisition of Land Act 1967
222. Revoking a resumption

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

223. Application of division
224. Resumption of lease
225. Effect of resumption
226. Compensation limited to improvements
227. Development work an improvement

Division 3--Resumption of a reservation for a public purpose

228. Application of division
229. Resumption of reservation
230. Effect of resumption of possession
231. Application of Acquisition of Land Act 1967
232. Compensation limited to improvements
233. Development work an improvement

Part 4--Forfeiture

Division 1--Grounds for forfeiture

234. When lease may be forfeited

Division 2--Forfeiture of leases for non-payment

234A. Application of div 2
235. Notice of forfeiture for outstanding amounts
236. Designated person's options if amount unpaid
237. Minister may reinstate lease if payment made

Division 2A--Forfeiture of leases by referral to court

237A. Application of div 2A
238. Application to the court for forfeiture
239. Designated person's options if court decides on forfeiture

Division 3--Forfeiture of leases on conviction
Subdivision 1--Preliminary

240A. Application of div 3
Subdivision 2--Procedure for forfeiting lease
240B. Show cause notice
240C. Decision about forfeiture
240D. Right of appeal

Division 3A--Sale of lease instead of forfeiture
Subdivision 1--Sale by lessee

240E. Sale by lessee
Subdivision 2--Sale by mortgagee
240F. Sale by mortgagee instead of forfeiture
Subdivision 3--Sale by local government
240G. Application
240H. Notice of approval
240I. Sale of lease
Subdivision 4--Sale by chief executive
240J. Application of sdiv 4
240K. Notice that chief executive may sell
240L. Entry into possession and sale
240M. Transition to sale agreement
240N. Advice about entering transition to sale agreement
240O. Making and registration of transition to sale agreement
240P. Auction or sale of lease
240Q. Disposal of proceeds of sale
240R. Protection from liability

Division 4--Forfeiture

240S. Notice of forfeiture
241. Effect of forfeiture
242. Lessee to give up possession on forfeiture
243. Improvements on forfeited lease
245. Effect of forfeiture of lease issued without competition for development purposes

Part 5--Payment for improvements

Division 1--Payment for improvements by incoming lessee etc.

246. Application of division
247. Application of payment for improvements by incoming lessee or buyer
248. Unclaimed improvement amounts

Division 2--Payment by the State for improvements

249. Payment by the State for improvements

Division 3--General

250. Amounts owing to the State to be deducted
251. Payment to mortgagee

Part 6--Protection of monitoring sites

252. Prohibition on interfering with monitoring marker or device
253. Evidentiary provision for proceedings under s 252

CHAPTER 6--REGISTRATION AND DEALINGS

Part 1--Land registry and registers

Division 1--Land registry

275. Registers comprising land registry

Division 2--Registers

276. Registers to be kept by chief executive
277. Form of registers
277A. Registration of document evidencing tenure
278. Particulars that must be registered
279. Registration of land management agreements and transition to sale agreements
280. Particulars that may be recorded
281. Other information may be kept
282. Chief executive's procedures on lodgment and registration of document
283. Documents form part of a register
284. Entitlement to search a register
285. Evidentiary effect of certified copies of documents
285A. Supply of statistical data

Division 3--General requirements for documents in registers

286. Form of documents
286A. Land practice manual
286B. Requiring plan of survey to be lodged
287. Registered documents must comply with particular requirements
288. Certain documents must be signed
288A. Original mortgagee to confirm identity of mortgagor
288B. Mortgage transferee to confirm identity of mortgagor
288C. Effect of registration of mortgage under Land Title Act 1994
289. Consent to be written on document etc.
290. Required number of executed copies to be lodged
290AA. Offence not to use appropriate form

Division 3A--Format of plans of survey

290A. Available formats for plans
290B. Standard format plan
290C. Volumetric format plan

Division 3B--Explanatory format plans

290D. Explanatory format plan

Division 3C--Plans of subdivision

290E. Meaning of plan of subdivision
290F. Plan of subdivision may be registered
290FA. Taking effect of plan of subdivision
290G. Standard format plan of subdivision
290H. Volumetric format plan of subdivision
290I. Division of lot on standard format plan of subdivision
290J. Requirements for registration of plan of subdivision
290JA. Dedication of public use land in plan
290JB. Access for public use land
290K. Particulars to be recorded when registered plan takes effect
290L. Lodged plan that is withdrawn and re-lodged
290M. Division excluding road or watercourse
290N. Pre-examination of plans

Division 4--Powers of the chief executive

291. Chief executive may correct registers
291A. Correction for omitted easement
292. Lot-on-plan description
294. Chief executive may require public notice to be given of certain proposed action

Part 1A--Building management statements

Division 1--Application

294A. Application

Division 2--Building management statements

294B. Building management statement may be registered
294BA. Single area for lots to which building management statement applies
294C. Circumstances under which building management statement may be registered
294D. Content of building management statement
294E. Registration of building management statement
294F. Amending a building management statement
294G. Building management statement if lots owned by 1 lessee
294H. One person becoming lessee of all lots
294I. Extinguishing a building management statement
294J. Building management statement affecting freehold and

Part 2--Registration and its effect

Division 1--Registration of documents

295. Right to have interest registered
297. Order of registration of documents
298. Priority of registered documents
299. When a document is registered
299A. No registration in absence of required approval or consent of Minister

Division 2--Consequences of registration

300. Benefits of registration
301. Interest in land not transferred or created until registration
302. Effect of registration on interest
303. Evidentiary effect of recording particulars in the register

Part 3--Documents

Division 1--General

304. Correcting unregistered documents
305. Requisitions
305A. Electronic communication of statutory declaration or affidavit
306. Rejecting document for failure to comply with requisition
307. Borrowing lodged document before registration
308. Withdrawing lodged document before registration
309. Chief executive may call in document for correction or cancellation
310. Execution of documents
311. Witnessing documents for individuals
313. Delivery of documents
314. Dispensing with production of document
315. Destroying document in certain circumstances
316. Transferor must do everything necessary

Division 2--Documents forming part of standard terms documents

317. Meaning of standard terms document in division
317A. References to registered standard terms document
318. Standard terms document may be registered
318A. Minister may lodge mandatory standard terms document
319. Standard terms document part of a further document
320. Document not limited to that contained in standard terms document
320A. Conflict with mandatory standard terms document
321. Withdrawal or cancellation of standard terms document

Part 4--Dealings affecting land

Division 1--Transfers

322. Requirements for transfers
322A. Severing joint tenancy by transfer
323. Transfers must be registered
324. Transfer of lands sold in possession or in execution
325. Effect of registration of transfer
326. Transferee to indemnify
326A. Disclosure of information to proposed transferee of lease or licensee

Division 2--Surrender

327. Absolute surrender of deed of grant
327A. Surrender of lease
327B. Applying to surrender
327C. Notice of proposal to approve surrender of lease
327D. Submissions against proposal to approve surrender
327E. Registration surrenders lease
327F. Notice of surrender
327G. Effect of surrender
327H. Person to give up possession on surrender
327I. Dealing with improvements
328. Surrender of subleases
329. Notice of surrender needed
330. Requirements for effective surrender
331. Effect of surrender on existing interests

Division 3--Subleases

332. Subleases require Minister's approval
333. General authority to lessee for particular dealings
334. When subleasing is totally prohibited
334A. Application to sub-subleases
335. Subleases must be registered
336. Amending a sublease
337. Lessee continues to be responsible for primary obligations
338. Validity of sublease or amendment of sublease against mortgagee
339. Re-entry by sublessor

Division 3A--Mediation for disputes about terms of particular subleases

339A. Application of div 3A
339B. Mediation

Division 4--Mortgages

340. Registering a mortgage
341. Effect of a mortgage
342. Releasing a mortgage
343. Amending a mortgage
344. Amending priority of mortgages
345. Mortgagee in possession may sell
346. Sale of mortgaged lease
347. Land to be sold within 2 years
348. Disposal of proceeds of sale
349. Liability of mortgagee in possession
350. Effect of transfer after sale by mortgagee

Division 7--Correcting and changing deeds of grant and leases

358. Changing deeds of grant—change in description or boundary of land
358A. Amendment of leasehold land register or freehold land register for omitted acquired easement
358B. Compensation not payable to any person for action under s 358A
358C. Correction of minor error in deed of grant
359. Correcting or cancelling deeds of grant
360. Governor in Council may change freeholding leases
360A. Minister may change term leases, other than State leases, or perpetual leases
360B. Minister may change State lease
360C. Applying to amend description of lease
360D. Notice of proposal to amend lease
360E. Submissions
360F. Notice of registration of amendment of lease

Division 8--Easements

361. Definitions for div 8
362. Easements may be created only by registration
363. Registration of easement
364. Registration of plan showing proposed easement
365. Particulars to be registered
366. Rights and liabilities created on registration of document
367. Easement benefiting and burdening land of same person
368. Same person becoming trustee, lessee or licensee of benefited and burdened lands
369. Public utility easements
369A. Transfer of public utility easements
369B. Transfer of benefited land
370. Amending an easement
371. Surrendering an easement
372. End and continuation of easements
373. Court may modify or extinguish an easement
373AA. Particular matters about easements and permit land

Division 8A--Covenants

373A. Covenant by registration
373AA. Compliance with s 373A
373B. Requirements of document creating covenant
373C. Amending document creating covenant
373D. Releasing a covenant

Division 8B--Profits a prendre

373E. Application of div 8B
373F. Definitions for div 8B
373G. Profit a prendre by registration
373H. Profit a prendre affecting freehold land and a lease
373I. Requirements of document creating profit a prendre
373J. Particulars to be registered
373K. Profit a prendre benefiting and burdening same person's lease or freehold land
373L. Same person becoming lessee of benefited and burdened leases
373M. Owner of benefited lease acquiring interest in burdened lease
373N. Amending a profit a prendre
373O. Releasing or removing a profit a prendre
373P. Effect of surrender of lease on profit a prendre
373Q. Dealing with a profit a prendre

Division 9--Trusts, deceased estates and bankruptcy

374. Details of trust must be given
374A. Interests held in trust must be registered
375. Document of transfer to trustee
375A. Document to vest in trustee
376. Deed of grant or lease may issue in name of deceased person
377. Registering personal representative
378. References in documents to a person with an interest in land includes personal representatives etc.
379. Registering beneficiary
380. Applying for Supreme Court order
381. Transmission on bankruptcy
382. Disclaimer in bankruptcy

Division 10--Powers of attorney and disabilities

383. Power of attorney
385. Acts in relation to substitute decision makers

Division 11--Writs of execution

386. Registering a writ of execution
387. Effect of registering a writ of execution
388. Cancellation of registration of a writ of execution
389. Discharging or satisfying writ of execution
389A. Effect on writ of execution of transfer after sale by mortgagee
389B. Effect on writ of execution of transfer after sale by chief executive

Division 11A--Caveats
Subdivision 1--Caveats generally

389C. Requirements of caveats
389D. Lodging caveat
389E. Notifying caveat
389F. Effect of lodging caveat
389G. Withdrawing caveat
389H. Removing caveat
389I. Cancelling caveat
389J. Further caveat
389K. Notices to the caveator
Subdivision 2--Chief executive's caveat
389L. Chief executive may prepare and register caveat

Division 12--Liens

390. Vendor does not have equitable lien

Division 13--Miscellaneous

390A. Special provision for transport related land
390B. Particular dealing with rail land

CHAPTER 7--GENERAL

Part 1--Administration

Division 1--Ministerial administration

391. Administration of Act
391A. General provision about approvals
392. Delegation by Minister
393. Delegation by chief executive
393A. Departmental officer may give notices for this Act
394. Committees
394A. Ministerial guidelines about what constitutes a good condition for lease land

Division 2--Appointment of authorised persons and other matters

395. Appointment of authorised persons
396. Authorised person's appointment conditions
397. Authorised person's identity card
398. Production of identity card
399. Protection from liability

Division 3--Inspection powers

400. Power to enter land, generally

Division 5--Other provisions about authorised persons

401. Authorised person to give notice of damage
402. Compensation
403. Impersonation of authorised person
403A. False or misleading statements
403B. False or misleading documents

Part 2--Unlawful occupation of non-freehold and trust land

Division 1--Unlawful occupation of non-freehold and trust land

404. No trespassing

Division 2--Action to deal with unlawful occupation

405. Application of division
405A. Exercise of chief executive's powers under division
405B. Occupation fee for unlawful occupation by offeree until grant of tenure
406. Notice to person to leave land, remove structures etc.
407. Person must comply with notice
408. Improvements etc. forfeited
409. Person may start proceeding in Magistrates Court
410. Chief executive may start proceeding
411. Defence may be filed
412. State may carry out work
413. Powers of officers and employees of the department

Division 3--Action by lessee, licensee, permittee or trustee

414. Application of division
415. Lessee, licensee, permittee or trustee may start proceeding
416. Defence may be filed

Division 4--Court matters

417. Hearing procedures
418. Discretion of Magistrates Court about orders
419. Order of the Magistrates Court must be complied with
420. Appeal to District Court on questions of law only

Part 2A--General provisions for applications

420A. Application of pt 2A
420B. Application guidelines
420C. Requirements for making an application
420D. Refusal of frivolous or vexatious applications
420E. Request to applicant about application
420F. Refusing application for failure to comply with request
420G. Particular criteria generally not exhaustive
420H. Particular grounds for refusal generally not exhaustive
420I. General power to impose conditions

Part 3--Review of decisions and appeals

Division 1--Right of appeal

421. Notice of right of appeal to be given

Division 2--Internal review of decisions

422. Appeal process starts with internal review
423. Who may apply for review etc.
424. Applying for review
425. Stay of operation of decision etc.
426. Decision on reconsideration

Division 3--Appeals

427. Who may appeal
428. Procedure for an appeal to the court
429. Powers of court on appeal
430. Effect of decision of court on appeal
431. Jurisdiction of the court

Part 3A--Proceedings generally

Division 1--Preliminary

431A. Application of pt 3A

Division 2--Evidence

431B. Evidentiary provisions
431C. Further evidentiary aids
431D. Instruments, equipment and installations
431E. Certificate or report about remotely sensed image

Division 3--Starting proceedings

431G. Offences are summary offences
431H. Limitation on time for starting offence proceedings

Division 4--Other matters about proceedings

431J. Executive officers must ensure corporation complies with Act
431L. Recovery of costs of investigation
431M. Representation of departmental officer in court
431N. Ability to prosecute under other Acts

Part 3B--Tidal boundary plans of subdivision

431NA. Definitions for pt 3B
431NB. Application of pt 3B
431NC. Prohibition on registration of relevant tidal boundary plan of subdivision
431ND. Approval of Minister in circumstances of accretion or erosion
431NE. Approval of Minister in other limited circumstances
431NF. Limit on application of s 358 (Changing deeds of grant—change in description or boundary of land)
431NG. No compensation for operation of this part

Part 4--Miscellaneous

432. Pasturage rights for travelling stock
434. Meaning of unimproved value
435. Minister may refer matters to the court
436. Auctioneer's licence not necessary
437. Changing county or parish boundaries
438. What are debts owing to the State
439. Words and expressions used in documents under Act
440. Obstruction of officers etc.
441. Protection from liability
441A. Requirement for making conditional offers
442. Lapse of offer
443. No deed of grant until fees paid
444. Chief executive may approve forms
448. Regulation-making power
448A. Application of GST to rents
448B. Application of GST to purchase price for leases

CHAPTER 8--CONTINUED RIGHTS AND TENURES

Part 1--Reserves, deeds of grant in trust and roads

Division 1--Reserves

449. Existing reserves and purposes continue
450. Trustees continue

Division 2--Deeds of grant in trust

451. Existing deeds of grant in trust and purposes continue
452. Trustees continue
452A. Land granted for Aboriginal or Islander inhabitants

Division 3--Existing trustee leases

453. Existing trustee leases and licences continue

Division 4--Roads

454. Existing roads continue
455. Existing road licences continue

Part 2--Freeholding leases

Division 1--Pre-Wolfe freeholding leases

456. Existing leases continue
457. Terms of pre-Wolfe freeholding leases
458. Deed of grant to issue
459. Residential hardship concessions

Division 2--Post-Wolfe freeholding leases

460. Existing leases continue
461. Terms of existing post-Wolfe freeholding leases continue
462. Terms of post-Wolfe freeholding leases
463. Deed of grant to issue

Division 3--Grazing homestead freeholding leases

464. Existing leases continue
465. Terms of existing grazing homestead freeholding leases continue
466. Terms of grazing homestead freeholding leases
467. Deed of grant to issue

Part 3--Perpetual leases

Division 1--Grazing homestead perpetual leases

468. Existing leases continue
469. Right to a grazing homestead freeholding lease

Division 2--Non-competitive leases

470. Existing leases continue
471. Right to a post-Wolfe freeholding lease

Part 4--Term leases

Division 1--Pastoral, preferential pastoral, pastoral development, and stud holdings

472. Existing leases continue
473. Covenant for a new term lease
474. Uses of stud holdings
475. Restrictions on ownership of preferential pastoral holdings

Division 2--Special and development leases

476. Existing leases continue
477. Change of purpose for special lease
478. Right to a post-Wolfe freeholding lease
479. Development leases not to be sublet

Part 5--Licences and permits

Division 1--Occupation licences

480. Occupation licences continue
481. Cancellation
481A. Absolute surrender
481B. Application to cancel or surrender
481C. Notice of proposal to cancel or surrender
481D. Submissions
481E. Registration cancels occupation licence
481F. Registration surrenders occupation licence
481G. Notice of cancellation or absolute surrender
481H. Effect of cancellation or absolute surrender
481I. Person to give up possession on cancellation or absolute surrender
481J. Improvements
482. Approval needed for improvement and development work

Division 1A--Permits

483. Existing permits continue

Division 2--Fencing use licences

484. Existing fencing use licences continue
485. Minister may cancel licence for breach of condition

Part 6--Continued tenures generally

486. Existing conditions continue
487. Existing concessions continue
488. Fencing conditions and exemptions
489. Amalgamating or subdividing existing leases

Part 7--Tenures under other Acts

Division 1--Sale to Local Authorities Land Act 1882

490. Existing deeds of grant continue
491. Conditions and reservations still applying
492. Application for new tenure under this Act
493. Automatic issue of new tenure under this Act

Division 2--Miners homesteads

494. Objective
495. Definitions for div 2
496. Current applications
497. Refusal or lapsing of current miners homestead application
498. Time in which offer must be accepted
499. Automatic issue of new tenure
500. Application of prepaid rent
501. Replacement miners homestead documents
502. Replacement mining titles freeholding leases
503. Approvals continue

Division 2A--Further opportunity to convert certain perpetual town leases, that were previously miners homesteads, to freehold

503A. Objective
503B. Definitions for div 2A
503C. Who may apply under this division
503D. Time within which application must be made
503E. How application is dealt with
503F. Lapse of offer
503G. Surrender of existing lease
503H. Existing encumbrances
503I. Credit for rent paid

Division 2B--Treatment of special perpetual mining purposes leases under certain Acts

503J. Special perpetual mining purposes leases become perpetual leases
503K. Replacement documents

Division 3--Port and harbour lands

504. Changing tenures of port lands
505. Changing tenures of harbour land

Division 4--Cemetery Act 1865

506. Existing cemeteries continue

Part 7A--Brigalow and other lands development provisions

506A. Definitions for pt 7A
506B. Corporation
506C. Corporation represents the Crown
506D. Functions and powers
506E. Undertaking by successful applicant
506F. Area limitations under this Act
506G. Transfer
506H. When fee simple of lease may be acquired
506I. Fund
506K. Construction of instruments
506L. Powers of corporation
506M. Restricted application of Bills of Sale and Other Instruments Act
506O. Accounts
506P. Application of Act to purchase leases

CHAPTER 9--TRANSITIONAL AND REPEAL PROVISIONS

Part 1--Transitional provisions for original Act (No. 81 of 1994)

508. Interests under repealed Act continue
509. Registration of documents lodged before commencement
510. Offers made before commencement
511. References in Acts and documents
512. Harbour matters
513. Casino matters
514. Closure of Brigalow Fund
516. Existing by-laws
518. Existing powers of attorney
519. Things done under repealed Acts
520. Effect of repeal by this Act

Part 1A--Transitional provision for Natural Resources and Other Legislation Amendment Act 2000

521A. Lease of land under repealed Act, section 269(1)

Part 1B--Transitional provisions for Guardianship and Administration Act 2000

521B. Performance of condition under previous s 207(1)(b) possible for 1 year
521C. Authorisation under repealed s 384 continues for 1 year

Part 1C--Transitional provision for Audit Legislation Amendment Act 2006

521D. Persons appointed to perform certain audits before commencement

Part 1D--Transitional provisions for Land and Other Legislation Amendment Act 2007

521E. Divesting and vesting trust land
521F. Existing leases exempted from particular amendments
521G. Offer of additional area
521H. Forfeiture for outstanding amount
521I. Requirements for plan of subdivision
521J. Non-application of s 299A to particular documents
521K. Application made before commencement
521L. Continuance of power to substitute particular tenure or registered documents
521M. Permits to occupy and unallocated State land
521N. Dealing with disputes under particular subleases
521O. Exclusion of imposed condition reviews for particular leases

Part 2--Repeal

522. Completion of repeal
SCHEDULE 1 COMMUNITY PURPOSES
SCHEDULE 1A PROVISIONS THAT INCLUDE MANDATORY CONDITIONS FOR TENURES
SCHEDULE 2 ORIGINAL DECISIONS
SCHEDULE 6 DICTIONARY
Endnotes

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