The information in this guide is provided to help trustees manage the freehold consultation and allocation processes.
Please read the freehold title community information for general information about the freehold option.
We are currently testing the freehold legislation in selected communities through a pilot project. This pilot will help us assess the needs of trustees and other stakeholders. We will be developing a series of templates and other resources to help trustees implement the freehold option in their community.
Before you can allocate freehold land, your community will need a freehold instrument.
A freehold instrument comprises 2 documents: the freehold schedule and the freehold policy. The freehold instrument must be approved by the Queensland Government and then attached to the local planning scheme.
The freehold schedule sets out what land will be made available for freehold in the community (known as ‘available land’). The freehold schedule could take the form of a map identifying the available freehold land.
Freehold can only be granted for land that is included in the freehold schedule, so it’s important to identify all land you want to make available. If your community wants some areas to remain as communal land, make sure you don’t include that land in the schedule.
You have the choice of preparing your own freehold schedule or using a model freehold schedule.
The purpose of using a ‘model’ freehold schedule is to speed up the process for allocating freehold land to existing interest holders (e.g. leaseholders or social housing tenants).
If you decide to use a model freehold schedule, it can only include land over which there is an existing interest as of 1 January 2015. You are allowed to exclude certain areas if you want, but you can’t include any other type of land.
The department can help you put together a model freehold schedule for your community by supplying you with data and a map. Contact us for more information.
Note: You cannot use the model freehold schedule if you are using an open allocation process.
The freehold policy is a document that will help you implement the freehold schedule. You must use the approved Form 1 -Freehold policy template and include:
Before you can offer freehold, you must consult the community and have government approval for the freehold instrument. Use this process:
The local government notification guideline has information about how the local government should consult on a freehold instrument (step 3 above).
If there is a leaseholder or social housing tenant over available land, they can apply to be allocated freehold over that land provided they are an eligible person. Use this guide to allocate freehold land for existing interest holders.
Interest holders must apply for freehold using one of these approved forms:
If there is a social housing dwelling on the land, the Department of Housing and Public Works must first approve the dwelling’s sale. If approved, the department and the trustee set a purchase price for the dwelling.
If you are satisfied that the applicant meets the eligibility criteria, then you must approve the application.
If there is more than one interest holder for the land, all must either be part of the application or agree to the application.
Once you have approved an application, you should offer the land to the applicant. The offer can be subject to conditions, such as:
The applicant has 45 days to either accept or refuse the offer. If they accept, they have an extra 5-day cooling-off period to change their mind and refuse the offer.
Once all conditions of the offer are met, you can allocate the land to the applicant. You will need to notify us that you’ve made the offer using one of these forms:
Once you have allocated the land, you can apply to the government to grant freehold. Use one of these forms:
This guide describes the process for allocating freehold land in cases where there are no existing interest holders.
You must ensure that:
You must tell us that you intend to allocate the land: once you start the allocation process this land will cease to be transferable land.
You must appoint an appropriately qualified and independent person to ensure the integrity of the allocation process. This probity advisor will:
Accounting and legal firms can usually supply a probity advisor, or you can contact the Department of Natural Resources and Mines for help (see contact details on the right).
You must publish an allocation notice in the government gazette and a newspaper or other publication for the local area. The notice must include details of:
Once you receive an application, you must decide whether the applicant meets the eligibility criteria and can participate in the allocation process. If they do not, you must notify them that they have been refused permission to participate.
Applicants who have been refused the right to participate in the allocation process have the right to appeal this decision to the Land Court.
They have 28 days to lodge their appeal. If, after this date, no appeal has been lodged, you can proceed to the next stage. If an appeal has been lodged, you must wait for the appeal to be decided before proceeding.
Once the appeal period has ended, provide a notice to each applicant participating in the allocation process. The notice must include information about:
Run the allocation process using a method that is consistent with the freehold instrument, the allocation notice and any advice from the probity advisor (e.g. ballot, tender, auction).
Allocate land to the winners and refund any deposits to unsuccessful applicants.
You can notify us that you’ve made the offer using one of these forms:
Once you have allocated the land, you can apply to the government to grant freehold. Use one of these forms:
The guide and templates set out the recommended steps that you should take to decide whether freehold is appropriate for your community and to implement the freehold option. You don’t need to use the templates and you can modify them to suit your community’s needs.
Read about the freehold allocation process for interest holders and the open allocation process for information on when to use these forms.
Read about the freehold allocation process for interest holders and the open allocation process for information on when to use these forms.
Freehold title information for trustees and local government, 29 Sep 2022, [https://www.qld.gov.au/firstnations/environment-land-use-native-title/freehold-title/freehold-title-instrument]
This document is uncontrolled when printed. Before using the information in this document you should verify the current content on https://www.qld.gov.au/firstnations/environment-land-use-native-title/freehold-title/freehold-title-instrument.