Queensland Consolidated Acts

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LAND ACT 1994 - SECT 16

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 and use for the land.

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

(2A) Also, to the extent the land is in an urban development area, the evaluation must take account of, and give primary consideration to, any development scheme or interim land use plan under the Urban Land Development Authority Act 2007 that applies to the land.

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

(a) having effect in relation to tenure; and
(b) given by persons under, or arising from, a Cape York agreement.

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

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

(6) In this section--

Cape York agreement means--

(a) the Cape York Peninsula Land Use Heads of Agreement made on 5 February 1996; or
(b) the agreement made on 17 September 2001, headed 'Deed of Endorsement Cape York Land Use Heads of Agreement'.

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



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