How land is transferred
Our process is about consulting and considering the views of Aboriginal and Torres Strait Islander people particularly concerned with the land.
Note: the process below applies to land that has not yet been declared transferable. For transferable land, the process begins at step 4 Consultation.
1. Lodgement
Aboriginal and Torres Strait Islander people may submit an expression of interest (EOI) over land. Like any other application made to the State, the details of the EOI application remain confidential in line with the Department’s privacy obligations.
2. Land evaluation assessment
The land is assessed to determine the most appropriate tenure. This includes:
- identifying existing interests and encroachments
- seeking views of relevant stakeholders (such as the local government) to consider state, regional and local planning strategies and policies
- considering if there is dedicated access to the land.
3. Land is declared transferable
The Minister considers all relevant information about the land and may then declare the land to be transferable.
4. Consultation
The Department of Resources, on behalf of the Minister, consults with Aboriginal or Torres Strait Islander people particularly concerned with the land. In some situations, a community meeting may be held to provide information and answer any questions about a transfer process.
5. Intention to appoint the Grantee
If the Minister decides to transfer the land and appoint a Grantee, a notice is published in a local newspaper in the area of where the land is proposed for transfer. This gives Aboriginal or Torres Strait Islander people an opportunity to put forward their views about the proposed transfer to the Minister.
6. Direction to issue title and appoint Grantee
The Minister may give a direction to issue title and appoint the Grantee for the land.
7. Handover
The Deed of Grant is prepared and signed by the Governor in Council and presented at a handover ceremony.