Trust land
Roles and responsibilities of trustees
Day-to-day management of trust land (reserves and deeds of grant in trust) is generally the responsibility of the trustee. The trustee is usually appointed by the Minister for Resources and Critical Minerals, and should have some association or expertise with the trust land and its purpose, or with the local community.
Trustees are often the local government, but can also be the state, another statutory body, an incorporated body or a named individual.
Powers of a trustee
The trustees are the owners of the land for the purposes of legal proceedings, so they can sue and be sued, and take action to remove trespassers or to protect property under their control.
Trustees cannot sell or transfer the land. They also cannot mortgage the land, except for deeds of grant in trust issued under the repealed Land Act 1962 (our approval and the Treasurer's approval is required).
The rights to quarry materials, forest products and mineral and petroleum products are reserved to the state, in accordance with legislation.
Trustee leases and trustee permits
Trustees may authorise the use and occupation of trust land by third parties only through trustee leases and trustee permits. Rents received must be spent on the maintenance or enhancement of the trust land unless we have given written approval for another use.
Inconsistent actions
Trustees must maintain and manage the land in a manner consistent with the purpose of the trust land. However, trustees can take an inconsistent action if this does not diminish the trust land’s purpose and adversely affect the public interest. Trustees may require approval from us or may need to prepare a management plan.
Model by-laws
Trustees may adopt as their by-laws any or all of the model by-laws for trust land.
Removal of a trustee
A trustee can be removed from their position if the removal is in the public interest or if they breach the conditions of the trust, their appointment or the Land Act 1994.
Responsibilities of a trustee
The trustee must maintain and manage the land in a manner consistent with achieving the purpose of the trust land. They must comply with any conditions associated with their appointment as well as the following requirements.
Land management and maintenance
- Manage the land in a manner consistent with achieving the purpose of the trust land, unless otherwise allowed.
- Control pest plants and animals.
- Exercise a duty of care for the land, including protecting and maintaining any improvements.
- Obtain any relevant approvals and permits for activities under this or other Acts
- Comply with any directions issued by the Minister or Chief Executive and prepare management plans as required.
Finance and insurance
- Maintain proper books and accounts as required by the Minister and legislation.
- Submit annual audited financial statements if the annual income from the trust land is greater than the amount prescribed under the land regulations.
- Comply with the Statutory Bodies Financial Arrangement Act 1982.
- Have adequate public liability insurance for the benefit of the trustee and any member of the public who may use the trust land.
- Advise us of any change of address or loss of incorporated status (for incorporated bodies).
Development, leasing and permits
- Obtain our consent for any development applications under the Planning Act 2016 for a reserve where subject to a state lease, or where the trustee of the reserve is not the state, a local government or other statutory body as defined in the Land Act 1994.
- Obtain our approval before issuing a trustee lease when a self-assessment pathway is not available .
- Use any rent received from a trustee lease or trustee permit on the maintenance or enhancement of the trust land unless we have given written approval for another use.
Native title assessment
Any action on trust land must be consistent with the Native Title Act 1993 (Cwlth). The trustee must assess and address native title before starting any action on the land. This includes:
- granting a trustee lease or trustee permit over the trust land (required to permit a third-party use)
- using the trust land for an inconsistent action
- improving or otherwise using the trust land for a public purpose or otherwise.
Section 28 of the Land Act 1994 provides more detail on actions taken on trust land that are relevant to native title.
Native title must be assessed on the dedicated purpose of the reserve or the purpose of the deed of grant in trust. This is the purpose of the trust land as shown on the title in the Land Registry.
Native title must not be assessed on the ‘taken to be’ purpose .
‘Taken to be’ purpose and native title
Following the Land and Other Legislation Amendment Act 2023, there are now 6 broader community purposes for trust land that was dedicated or granted under the Land Act 1994.
However, the trust land’s title in the Land Registry will not be updated to the ‘taken to be’ purpose.
This is because an update to the purpose would be a change in purpose of the trust land, which would be a future act for the purposes of the Native Title Act 1993 (Cwlth). Without an assessment of native title, this action would be inconsistent with native title.
Further, some trust land may have been dedicated for, or is defined as, an operational purpose. Native title on trust land, for a community or an operational purpose, must be assessed on the purpose shown on the title in the Land Registry.
Related information
In this guide:
- Community purposes for dedicating trust land
- Model by-laws for trust land
- Trustee leases
- Roles and responsibilities of trustees
- Deed of grant over an operational reserve
- Management plans
- Trust land self-assessment tool