Owner's consent for a development application

Applications can be made by, or on behalf of the person who holds or will hold the appropriate tenure or interest (registered lessee, sublessee, trustee of trust land, trustee lessee, grantee of an easement or their legal representative) or if no tenure is required by the Department of Resources, the person who will occupy the land.

Owner’s consent for state land is required from the department for:

• land subject to a lease (including a freeholding lease) or a reserve or deed of grant in trust, held by the department on behalf of the State as the lessee or trustee of the land
• land subject to a lease (including a freeholding lease) where the lessee is not or does not represent the State
• land subject to a reserve where the trustee is not or does not represent the State, local government or other statutory body within the meaning of the Land Act 1994
• land subject to a State lease of all or part of a reserve
• strategic port land under the Transport Infrastructure Act 1994, other than freehold land
• land subject to a permit to occupy (including if over a reserve) or licence under the Land Act 1994
• land subject to an estate in fee simple (freehold) held by the Department on behalf of the State
• land that is unallocated state land
• a non-tidal boundary watercourse or land under the Water Act 2000
• land that is a road (other than a state-controlled road) or stock route.

If the development application is for a reconfiguration of a lot under the Land Act 1994 tenure, your application will not be considered. The reconfiguration of a lot held under a Land Act 1994 tenure is not assessed under the provisions of the Planning Act 2016. For example, applications to subdivide a lease  , sublease a lease or issue a trustee lease of a reserve will be dealt with under the Land Act 1994. An exception is for a deed of grant in trust; in some cases a development application under the Planning Act 2016 may also be required, for example when issuing a trustee lease for a term of more than 10 years.

If the proposed development is for a structure (i.e. a jetty, pontoon or boat ramp) for residential use adjoining private land outside of a canal, and not within a declared fish habitat area, owner’s consent is required from Department of Environment, Science and Innovation.

If the proposed development is for a prescribed tidal work involving. e.g. a revetment wall, you need to ensure that the proposed works will be constructed within the current property boundary of the adjoining land, whether the boundary is a right line boundary or an ambulatory boundary.

Note: An ambulatory boundary defines the boundary of the land; however it also shifts with the ordinary movement of the water through gradual change.  Land may shift over time from that boundary by gradual and imperceptible degrees and stay in the ownership of the landholder, but if there has been loss of land through gradual and imperceptible change the landholder cannot do works on the land to revert to the original seaward boundary/position

Assessment of owner’s consent for a prescribed tidal work  e.g. a revetment wall, the land seaward of the current property boundary is to be identified in accordance with Part 7 of the Surveying and Mapping Infrastructure Act 2003.

You are encouraged to engage the services of a registered cadastral consulting surveyor to determine the current boundary of the property. Below is a link to the Surveyors Board of Queensland’s website which includes  an item on finding a surveyor: https://sbq.com.au/find-a-surveyor/.

Local governments are the assessment manager for prescribed tidal works. If the application for owner’s consent for prescribed tidal works is subject to a show cause notice from the relevant local government, this is a compliance matter for local government and not an issue  to be considered by the Department of Resources.

Owner's consent is not required for development applications for works within a canal as defined under the Coastal Protection and Management Act 1995.

If your application is partly or wholly within a declared fish habitat area under the Fisheries Act 1994, or if the proposed development is for a material change of use on state land for quarry material administered under the Forestry Act 1959, contact the Department of Agriculture and Fisheries.

You can apply either:

• online
• by printing and completing PDF application forms.

Online applications

To submit your online application, you'll need:

• the development application (DA) and associated forms or attachments including sketches/plans of existing and proposed improvements to be lodged with the assessment manager.
  Note: The department requires the components of the development application clearly showing the proposed development but does not generally require the full development application, such as engineer drawings.
• a letter of support from the applicant, if you are acting on their behalf
• a letter from the leaseholder or trustee, if the development application relates to a secondary interest in the land (e.g. sublease, trustee lease).
• for a proposed tidal work such as a revetment wall, a survey such as an identification survey showing your current property boundary and the proposed tidal works (information extracted from Queensland Globe is insufficient).
• evidence of a valid authority for any related existing tidal works , if relevant.

The DA and a guide to completing the form are available from the Department of State Development, Infrastructure, Local Government and Planning.

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 is a help guide to assist you to complete your application.

PDF applications

To submit your PDF application, you'll need:

• owner's consent to a development application (PDF) form
• contact and land details (online or PDF) application form
• development application (DA) and associated forms or attachments including sketches/plans of existing and proposed improvements to be lodged with the assessment manager.
  Note: The department requires the components of the development application clearly showing the proposed development but does not generally require the full development application, such as engineer drawings.
• a letter of support from the applicant, if you are acting on their behalf
• a letter from the leaseholder or trustee, if the development application relates to a secondary interest in the land (e.g. sublease, trustee lease)
• for a proposed tidal work such as a revetment wall, a survey such as an identification survey showing your current property boundary (information extracted from Queensland Globe is insufficient).
• Evidence of a valid authority for any related existing tidal works, if relevant.

Once completed, submit your  PDF application forms by:

• using the online Part A - Contact and land details application form
• email to SLAMlodgement@resources.qld.gov.au
• post to Department of Resources, PO Box 5318, Townsville QLD 4810.

This application does not require payment of an application fee.

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.

Other considerations

We will only consider providing owner’s consent if the:

• applicant holds a tenure or interest in state land that supports the proposed development
• applicant has accepted an offer for a tenure or interest in state land that supports the proposed development
• applicant has made a previous application for owners’ consent which was refused, but there has been a change in circumstances
• proposed development does not require tenure or an interest in state land (e.g. a tidal work for public purposes such as a power line or public boat ramp)
• proposed development is for removal of quarry material from a non-tidal watercourse or lake.

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:

• approved
• approved over a reduced area (approved in part)
• refused.

This should be included in the application to the assessment manager. A supporting letter may also be provided.

Information on this form, and any attachments, is being collected to process and assess your application under the Land Act 1994, section 275V of the Planning Act 2016 and section 82 of the Economic Development Act 2012. 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.