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Online payment for Pemit to occupy (unallocated state land) applications is now available.
We are still accepting PDF and online applications and payment for these can be made over the phone after submitting.
A permit to occupy can be issued over a reserve or local road (including a stock route) or over unallocated state land.
the proposed use must be able to co-exist with the purpose of the land (for example, infrastructure does not co-exist on a gazetted road)
cannot be transferred, sublet or mortgaged
cannot be issued over freehold or leasehold land
can be cancelled at any time without compensation being paid by the state.
Short-term permits are issued for periods of less than 12 months.
Lodging this application for a reserve or local road (including a stock route) or unallocated state land costs an application fee of fee 33923. Application fees are non-refundable.
Is this application for a permit to occupy over a:
or
Permit to occupy over a road or reserve
Next step
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.
Use the button at the base of the page to acknowledge you have understood and this will allow you to access the application form.
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A permit to occupy can only be held by individuals or corporations. A permit cannot be held by deceased estates (executors/beneficiaries) or in trust.
Important information
Before we can assess your application, the relevant local authority for the local road or trustee must complete an LA30 – Statement in relation to an application under the Land Act 1994 over State Land.
Contact the local authority or trustee to discuss your application before you complete this form. Make sure they provide an email address so we can send them the LA30 statement.
A permit to occupy is issued for a specific purpose for minor or temporary matters, such as short-term grazing, pump sites, apiary sites, entrance ramps to building sites, advertising signs on roads and investigation work on unallocated state land.
A permit to occupy may be issued over local road, a reserve or unallocated state land, if the proposed permit to occupy area is over more than 1 type of these lands, separate permits to occupy will be required.
A permit to occupy may be issued for areas that are below high-water mark if:
it would not unduly affect safe navigation and sound development of the state’s waterway and ports
its impact on marine infrastructure has been considered
it would not have a detrimental effect on coastal management; and
it would not be inconsistent with the intent of any relevant state management plan.
When is permit to occupy not required by the Department of Resources
The local government is responsible for the day-to-day management of dedicated roads in its area under section 60 of the Local Government Act 2009 , including their construction and maintenance. Contact the local government to see If they can authorise your proposed use of road. If the local government authorises the use, an application is not required.
If the proposed use is over a reserve, contact the trustee of the reserve. If they can authorise the proposed use as a trustee lease or trustee permit an application is not required.
You can apply either:
online
by printing and completing PDF application form.
Online applications
To submit your online application, you’ll need:
map or sketch of the area applied for
dividing fence agreement (see below)
waterworks licence (see below).
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:
Permit to occupy (PDF) application form
Contact and land details (Online and PDF) application form
map or sketch of the area applied for
dividing fence agreement (see below)
waterworks licence (see below).
Once completed, submit your PDF application forms by:
post to Department of Resources, PO Box 5318, Townsville QLD 4810.
Dividing fence agreement
If an existing property fence is to be used as a boundary fence for the permit to occupy and you do not own the fence, you must submit a written agreement signed by you and the fence owner detailing agreed conditions about the maintenance of the fence. This agreement must be submitted before we can issue the permit to occupy.
Water licence for pumps, bores and wells
If water is to be obtained from a stream or natural waterhole and the associated pump is to be located on unallocated state land, you must obtain a permit to occupy. In most cases, a water licence will also be required.
We will not approve a permit unless you can provide evidence that either:
a water licence has been obtained
an application for a licence is under investigation
a licence is not required by the agency responsible for water licences.
Lodging this application costs fee 33923 per application. Application fees are non-refundable.
You can pay your application fee:
via credit card over the phone. Departmental officer will contact you to organise the payment
via cheque by post. Cheques should be made out to the 'Department of Resources' and marked 'not negotiable'.
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.
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.
If your application is successful, a written offer will set out the various conditions and requirements. You must complete the acceptance form and return it to us by the date specified or the offer will lapse.
conditions to which the new permit will be subject
requirement to pay all regulatory fees and charges.
Once you have met all requirements and conditions of the offer, we will issue the new tenure in your name.
Notes
If the permit to occupy is granted, the right to occupy applies only to the permit holder. Permits cannot be transferred, sublet or mortgaged.
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.
Short-term permits are issued for periods of less than 12 months.
Information on this form, and any attachments, is being collected to process and assess your application under section 177A of the Land Act 1994. The consideration of your application may involve consultation, and if so details of your application may be disclosed to third parties. They will not be otherwise disclosed outside the department unless required or authorised 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.
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.
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.
Use the button at the base of the page to acknowledge you have understood and this will allow you to access the application form.
|
A permit to occupy can only be held by individuals or corporations and cannot be held by deceased estates (executors/beneficiaries) or on trust.
A permit to occupy is issued for a specific purpose for minor or temporary matters, such as short-term grazing, pump sites, apiary sites, entrance ramps to building sites, advertising signs on roads and investigation work on unallocated state land.
A permit to occupy may be issued over a road, a reserve or unallocated state land, if the proposed permit to occupy area is over more than 1 type of these lands, separate permits to occupy will be required.
A permit to occupy may be issued for areas that are below high-water mark if:
it would not unduly affect safe navigation and sound development of the state’s waterway and ports
its impact on marine infrastructure has been considered
it would not have a detrimental effect on coastal management; and
it would not be inconsistent with the intent of any relevant state management plan.
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:
Permit to occupy (PDF) application form
Contact and land details (online and PDF) application form
map or sketch of the area applied for
dividing fence agreement (see below)
waterworks licence (see below).
Once completed, submit your your PDF application forms by:
post to Department of Resources, PO Box 5318, Townsville QLD 4810.
Dividing fence agreement
If an existing property fence is to be used as a boundary fence for the permit to occupy and you do not own the fence, you must submit a written agreement signed by you and the fence owner detailing agreed conditions about the maintenance of the fence. This agreement must be submitted before we can issue the permit to occupy.
Water licence for pumps, bores and wells
If water is to be obtained from a stream or natural waterhole and the associated pump is to be located on unallocated state land, you must obtain a permit to occupy. In most cases, a water licence will also be required.
We will not approve a permit unless you can provide evidence that either:
a water licence has been obtained
an application for a licence is under investigation
a licence is not required by the agency responsible for water licences.
Lodging this application costs fee 33923 per application. Application fees are non-refundable.
You can pay your application fee:
via Mastercard or Visa credit card online, for unallocated state land applications made online
via credit card over the phone for PDF applications. Departmental officer will contact you to organise the payment
via cheque by post. Cheques should be made out to the 'Department of Resources' and marked 'not negotiable'.
We'll send you a receipt after the online payment or for pdf 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.
We will also ensure that all outstanding rent on the leases has been paid.
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.
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.
If your application is successful, a written offer will set out the various conditions and requirements. You must complete the acceptance form and return it to us by the date specified or the offer will lapse.
conditions to which the new permit will be subject
requirement to pay all regulatory fees and charges.
Once you have met all requirements and conditions of the offer, we will issue the new tenure in your name.
Notes
If the permit to occupy is granted, the right to occupy applies only to the permit holder.
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.
Information on this form, and any attachments, is being collected to process and assess your application under section 177A of the Land Act 1994. The consideration of your application may involve consultation, and if so details of your application may be disclosed to third parties. They will not be otherwise disclosed outside the department unless required or authorised 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.
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.
