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A reservation in title is an area excluded from a title for a public purpose. It may be contained on either freehold or leased land. Road reservations, esplanades and railway reservations are common types of reservations in title.
Reservation localities are normally undefined, but some are in a fixed location.
Reservations in title are different from land that’s set apart as a reserve.
Lodging this application costs fee 33905 per title reference. Application fees are non-refundable.
We strongly encourage you to arrange a pre-lodgement meeting with us before you apply. This can help to ensure you have the information you need to apply correctly. Contact your nearest business centre to organise a meeting.
If you’re a constructing authority, you can apply for the reallocation of a reservation in title to an owner’s or lessee’s land as part of a resumption action. You must first notify the registered owner/lessee of your intention.
If your freehold land contains a reservation, you can apply to purchase it at any time. You can also apply for an allocation of a road reservation when boundaries are realigned by local council or state government.
Make sure you consider public purpose reservations in the initial planning stage of any subdivision proposal.
If you want to subdivide or reconfigure lots that contain a public purpose reservation, you must obtain our approval before lodging a plan.
Except in the case of hardship or family transfer, a reservation won’t be allocated to a subdivided lot unless it’s needed for public purposes. If the reservation is no longer needed for public purposes, you’ll need to purchase it before you subdivide.
Family transfer
To provide benefit to a family member, we will consider allocating the reservation to the largest parcel when you’re subdividing or reconfiguring a lot . The subdivision must constitute a family transfer based on the council’s development approval.
Hardship
If you can demonstrate that you will suffer hardship if you have to purchase a reservation in title before subdividing or reconfiguring a lot, you may request the reservation be allocated to one lot within the subdivision. In some circumstances, we may agree to do this on a temporary basis, provided you sign a written agreement to purchase the reservation upon sale of another parcel within the subdivided area.
Hardship will be considered on a case-by-case basis.
You can apply either:
To submit your online application, you’ll need:
You, or a legal practitioner on your behalf, must electronically sign the application. It will then automatically be lodged through the online process.
Within the online application, there are helpers and videos to assist you to complete your application.
To submit your PDF application, you’ll need:
Once completed, submit your PDF application forms by:
Constructing authorities
If you’re a constructing authority and you intend to request that we re-allocate a reservation in title to an owner’s or lessee’s land as part of a resumption action, you must notify the registered owner/lessee of your intention.
Lodging this application costs fee 33905 per title reference. Application fees are non-refundable.
You can pay your application fee:
We'll send you a receipt once we've established that your application meets all requirements.
We will assess your application against legislative requirements. We will seek the views of other stakeholders (e.g. state, regional and local agencies) and inspect the land if required.
Our review will also include an assessment of whether native title issues need to be addressed, and how this should be done. Depending on the outcome, you may be required to address native titles issues as a condition of the offer.
Owners of freehold land must consult the local council or the Department of Transport and Main Roads (where there is a possibility of state-controlled road) before we will consider the application.
Once we have received the advice of other stakeholders and all issues have been investigated, we will send you a written notice of the decision. Your application may be:
If your purchase of a reservation in title is approved, you will be required to pay the market value of the area of land within the reservation. The valuation will be determined by us.
The purchase price must be paid in a single payment.
Information on this form, and any attachments, is being collected to process and assess your application under section 23A and section 24 of the Land Act 1994. If required, we may need to consult with third parties such as relevant local or state agencies and adjoining property owners. Details provided to third parties will generally be limited to type of application, area applied for and intended use. Your personal information will not otherwise be disclosed unless authorised or required by law.
We may wish to contact you to seek your views on our service, to advise you of any legislative changes that might affect you, or to seek your participation in surveys or programs relevant to your application type. Any participation will be voluntary, and you may email stateland@resources.qld.gov.au if you do not wish for the department to contact you.
We may also compile or analyse statistics and conduct research. Any publication of findings will not involve the publication of identifying personal information.
In terms of the Right to Information Act 2009 interested parties may seek access to the department’s records and view relevant documents.
Reviews and appeals
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You can appeal against the decision to allocate a floating reservation or the purchase price of a reservation.
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We strongly encourage you to arrange a pre-lodgement meeting with us before you apply. This can help to ensure you have the information you need to apply correctly. Contact your nearest business centre to organise a meeting.
