Freehold grant over an operational reserve or operational deed of grant in trust

The applicant must be the registered trustee on the current title for the operational trust land.

Operational trust land refers to operational reserves and operational deeds of grant in trust (DOGITs) that:

• were set apart under the repealed Land Act 1962 for public purposes. Examples include reserves for police, electrical works, local government and state schools
  or
• satisfy the definition of operational deeds of grant in trust or reserves in Schedule 6 of the Land Act 1994.

Operational trust land does not include reserves dedicated for a community purpose under the current Land Act 1994.

You can apply either:

• online
• by printing and completing pdf application form

The application must include:

• a sketch plan showing the area you are applying for if it is over part of the operational trust land
• a native title assessment for the application area that concludes that native title has been adequately addressed to support the issue of a deed of grant. If you are a state government agency, the assessment must be undertaken in accordance with the government’s native title work procedures
• evidence of notice (the notice must satisfy the requirements of section 420CA of the Land Act 1994) provided to any registered interest holders or any other person who you consider may have an interest in the trust land, advising they may make a submission against the proposed application
• a copy of any submissions received from registered interest holders or others about the application.

Submitting online applications

The application must be signed (electronically) by the applicant or a legal practitioner on behalf of the applicant and will be lodged automatically through the online process.

Within the online application, there is a help guide to assist you to complete your application.

Submitting PDF applications

Once completed, your PDF application forms can be lodged by:

• using the online Part A - Contact and land details application form
• emailing SLAMlodgement@resources.qld.gov.au
• posting it 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.

Policies and legislation

• Allocation of land to State Government departments, Constructing Authorities and trustees of operational trust land (PDF, 249KB)
• Land Act 1994.

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.

Approved applications

If we approve your application, you’ll receive a written offer that sets out any conditions and requirements.

The conditions may include:

• payment of the purchase price (market value of the land), including GST
• payment of stamp duty on the sale
• lodgement of a plan of survey, if needed
• payment of all regulatory fees and charges.

Before you accept the offer, you must give notice of the offer to each person with a registered interest in the land (the subject of the offer) e.g. grantee of an easement, trustee lessee, advising they make a submission against the offer.

You must then complete the acceptance form and return it to us by the date specified or the offer will lapse.

Once you have satisfied all conditions and requirements, we will seek approval for the Governor in Council to issue the tenure in your name.

Information on this form, and any attachments, is being collected to process and assess your application under section 34J and 43B 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.