Easement over state land

An owner of land (grantor) may grant an easement to another owner of land or public utility provider (grantee) for a specific purpose (for example, access, drainage, sewerage, supply of water or gas).

The chief executive of the Department of Resources must provide written approval to create an easement over:

• unallocated state land
• reserve land
• deed of grant in trust land
• state leases or occupation licences.

An easement can be created over a state forest, but only for electricity purposes.

An easement can’t be created over a road, including a road licence.

Access easements are not supported over:

• trust land for recreation purposes, or any other trust land used by the public, where public safety might be affected
• community-purpose trust land if the easement will provide additional access to private land that already has dedicated access.

You can apply either:

• online
• by printing and completing PDF application forms.

Online applications

To submit your online application, you’ll need:

• a draft easement document with a sketch plan of the proposed area
• evidence of agreement to the easement from:
  • the trustee, if over a reserve or deed of grant in trust
  • all registered lessees, if over a lease
  • Economic Development Queensland (EDQ), if over a state lease in a industrial estate administered by EDQ
  • the grantee of all other registered easements, if applicable.

You, or a legal practitioner on your behalf, must electronically sign the application. It will then automatically be lodged through the online process.

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

PDF applications

To submit your PDF application, you’ll need:

• Easement over state land (PDF) application form
• Contact and land details (online or PDF) application form
• a draft easement document with a sketch plan of the proposed area
• evidence of agreement to the easement from:
  • the trustee, if over a reserve or deed of grant in trust
  • all registered lessees, if over a lease
  • Economic Development Queensland (EDQ), if over a state lease in a industrial estate administered by EDQ
  • the grantee of all other registered easements, if applicable.

Once completed, submit your PDF application forms 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.

Lodging this application costs fee 33980 per easement. Application fees are non-refundable.

You can pay your application fee:

• via credit card over the phone. A departmental officer will contact you to organise the payment
• via cheque by post. Cheques should be made out to the 'Department of Resources' and marked 'not negotiable'.

We'll send you a receipt once we've established that your application meets all requirements.

We will assess your application against legislative requirements. We will seek the views of other stakeholders (for example, state, regional and local agencies) and inspect the land if required.

Policies and legislation

• Land Act 1994
• Easement policy (PDF, 588KB).

Native title

Our review will also include an assessment of whether native title issues need to be addressed, and how this should be done. Depending on the outcome, you may be required to address native titles issues as a condition of the offer.

Other considerations

In some instances, we may need to amend the terms and conditions of the easement document.

We will also assess whether you’ll need to pay a consideration to the state.

Once we’ve 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.

If your application is successful

If your application is successful, all grantees and grantors must sign the easement document. For us to approve your application, you’ll need to submit this signed document to us along with a:

• plan of survey, if required
• payment of consideration, if required.

The chief executive will provide their approval for easements on a Form 18—General consent. You must register this form and the easement document with Titles Queensland for the easement to be valid.

For unallocated state land or reserve land, the easement document must also be signed by the Department of Resources as the land owner.

For other requirements to register the easement, contact Titles Queensland.

Information on this form, and any attachments, is being collected to process and assess your application under section 362 of the Land Act 1994. If required, we may need to consult with third parties such as relevant local or state agencies and adjoining property owners. Details provided to third parties will generally be limited to type of application, area applied for and intended use. Your personal information will not otherwise be disclosed unless authorised or required 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.