The Queensland Government is responsible for managing state land for the benefit of all Queenslanders. Under the Land Act 1994, unallocated state land can be made available through various forms of leasehold tenure or for community uses as roads or trust land.
This guide describes the various forms of tenure and is a general overview only. The Land Act 1994 must be referenced for the specific provisions that apply for each tenure.
Leases are issued over state land for specific purposes, including:
Leases may only be used for the purpose for which they are issued.
Term leases expire at the end of the last day of the lease term, and the leaseholder loses possession of the land. Any improvements on the land become the property of the state, unless otherwise stated in the conditions of the lease.
The maximum term is 50 years, except for:
Generally, renewal of a term lease may only be considered after 80 per cent of the term of the lease has elapsed. The lease must be renewed before the lease expires.
Certain term leases are rolling term leases. A rolling term lease may include a lease either for tourism for land on or tidal waters adjoining a regulated island or agricultural, grazing or pastoral purposes, including leases on state forests, and timber reserves.
A rolling term lease is still a term lease with an expiry date. The term of a rolling term lease though may be extended without the lease being renewed. If the term is extended, the extended term commences immediately on expiry of the previous term.
These leases are held by the leaseholder in perpetuity (not for 99 years as commonly believed) and issued for a specific purpose (e.g. agricultural or commercial).
Perpetual leases must only be used for the purpose for which the lease is issued.
A perpetual lease may only issue now if the requirements of section 15(3) of the Land Act 1994 are satisfied.
A freeholding lease is issued when a landholder is able to elect to pay the purchase price for their lease in instalments over a number of years. On receipt of the final instalment, the lease is converted to freehold.
Note: freeholding leases may now only be issued for conversion of a non-competitive lease or a special lease (other than a lease for grazing or agricultural purposes) issued under the repealed Lands Act.
Read about historical leasehold types .
Freeholding leases also replaced mining titles freeholding leases granted under the repealed Mining Titles Freeholding Act 1980.
Permits to occupy are issued to occupy or use unallocated State land, a road or reserve for a specific purpose for minor or temporary matters.
The road manager for a road and the trustee for a reserve must be consulted prior to a permit to occupy is considered under the Land Act 1994.
Instead of the department issuing a permit to occupy, the:
Common purposes include short-term grazing, pump sites, apiary sites, advertising signs and investigation work on unallocated state land. Permits may be issued for areas seaward of a property boundary in some cases.
Unlike a lease, a permit to occupy is not an interest in the land. For example, if a permit is granted over a part of a road, the area remains open for use as a road. If the permit is over a reserve, the land remains available for the community purpose it was reserved for.
Permits to occupy cannot be transferred, sublet or mortgaged. The right to occupy only applies to the person holding the permit to occupy.
No major structural improvements, other than boundary fencing, are allowed. If a permit is cancelled or surrendered, any improvements become the property of the state and no compensation is payable. The permit holder may be allowed to remove improvements.
A road licence may be granted over an area of road that has been temporarily closed. This tenure allows the licensee to use the land for the defined purpose until such time as it is again required as a road. The licensee has the right to exclusive occupation of the road (within the conditions of the licence), but the licence may be cancelled with no compensation.
A road licence is unable to be mortgaged, subleased or subdivided (but may be transferred).
A road licence generally issues to an adjoining owner.
A road licence may also issue to another person, if the road licence is only to allow the licensee to make structural improvements to:
An occupation licence is a licence to occupy unallocated state land. Although the Land Act 1994 makes no provision for the issue of an occupation licence, previously existing licences have been continued under this Act.
No term applies to the licence, which may be cancelled at any time and no compensation is payable. The department must approve all improvements or development work the licensee wishes to undertake.
Trust lands have been set aside or dedicated under the Land Act 1994 and repealed Land Acts for community or operational purposes. Trust land is either a reserve or a deed of grant in trust.
A reserve may now only be dedicated for a community purpose under the Land Act 1994. The issue of a deed of grant in trust is no longer supported.
Examples of community purposes include showgrounds, cemeteries, drainage and open spaces. Many recreation facilities and parks and gardens, such as Anzac Park in Brisbane, are on trust land.
Day-to-day management of trust land is generally the responsibility of the trustee. This is often the local government but can also be groups such as a showground trust or an incorporated sporting association.
The trustees are the owners of the land for the purposes of legal proceedings and can take action to remove trespassers or to protect property under their control.
Members of the community may have the right to use trust land for the community purpose for which it was dedicated. However, they must also abide by any model by-laws or local laws made by the trustee. For details of these, contact the trustee.
A road under the Land Act 1994 is defined as an area of land, whether surveyed or unsurveyed:
The term includes:
Examples of Acts a road may be taken under are the Acquisition of Land Act 1967 and the Transport Planning and Coordination Act 1994.
A road encompasses not only the area covered by the actual road formation (carriageway) but the entire area of land set apart for road purposes, from property boundary to property boundary. (It does not matter whether a constructed carriageway exists.)
Not all roads are used by vehicles or pedestrians, and some may never be.
An activity may not be undertaken on a road if it substantially interferes with the purpose for which the land was dedicated unless this has been authorised under an Act.
While the ownership of the road rests with the State, the management, control and regulation of most roads lies with the relevant local government in terms of the Local Government Act 2009 (or for the Brisbane City Council under the City of Brisbane Act 2010).
However, if a road is a State-controlled road under the Transport Infrastructure Act 1994 its management and control rests with the Department of Transport and Main Roads.
Local governments and the Department of Transport and Main Roads therefore may respectively authorise various uses of roads.
If the department is to grant a tenure under the Land Act 1994 other than a permit to occupy over a road, the road must first be closed—temporarily for the issue of a road licence, or permanently if it is intended to grant a lease or freehold title.
Types of land tenure, 28 Aug 2023, [https://oss-uat.clients.squiz.net/environment/land/state/use/tenure]
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