Trust land

The Land Act 1994 enables unallocated state land to be dedicated or granted as trust land for community purposes. These purposes are listed in Schedule 1 of the Land Act and include:

• Aboriginal purposes
• Torres Strait Islander purposes
• conservation, scenic and land management purposes
• parks and recreational purposes
• community facility purposes
• cemetery purposes..

Schedule 1 of the Act also provides examples for each community purpose.

Generally, land required for the operational needs of government (e.g. police stations, schools hospitals, and local government services such as sewerage, water supply and council offices) is instead held under freehold on payment of market value.

Existing reserve purposes

Existing trust lands have been granted for various purposes under past Acts, reflecting changes in policy and the needs of Queenslanders over time.

The Land and Other Legislation Amendment Bill (No. 2) 2023 amended the Land Act 1994 to simplify the list of community purposes previously defined in Schedule 1, from 34 specific uses to the 6 purpose categories.

These amendments also removed certain public purposes from Schedule 1 that were dedicated under the repealed Act and retained as ‘community purposes’: crematoriums, drainage, landing places, mortuaries, navigational purposes, public toilet facilities, roads, strategic land management or watering places.

‘Taken to be’ purpose

Some existing trust land purposes are now ‘taken to be’ one of the 6 community purpose categories. This widens the scope of potential use of existing trust lands. These purposes will not limit the use for any contemporary purposes that may emerge over time.

Note: Trustees must address native title prior to pursuing changes in use.

If existing trust land has more than one purpose and at least one of them is 'taken to be' a community purpose, the trust land is considered dedicated for a community purpose.

Any new ‘taken to be’ purpose applies individually for each purpose. For example, a reserve for open space and buffer zones would be taken to be a reserve for:

• parks and recreational purpose
  and
• conservation, scenic and land management purpose.

Operational purposes

Existing trust land that is not for or ‘taken to be’ a community purpose is considered operational. Trustees can apply to the Department of Resources to change or add a community purpose of a reserve.

Note: In certain circumstances, a reserve that was created from 14 May 2013 by registration of a plan of freehold subdivision may also meet the definition of operational reserve.