Owner's consent for a development application
The Planning Act 2016 requires that the owner of the land give consent for certain development applications.
Landholders must obtain owner’s consent from the Department of Resources when submitting development applications for some state land for:
- a material change of use (MCU)
- work on land below the high-water mark and outside a canal as defined under the Coastal Protection and Management Act 1995.
If the department's consent does not support the development application, the application will not be properly made for the purposes of the Planning Act.
Note: The reconfiguration of a lot held under a Land Act 1994 tenure is not assessed under the provisions of the Planning Act. For example, applications to subdivide a lease or issue a trustee lease of a reserve will be dealt with under the Land Act. An exception is for a deed of grant in trust; in some cases a development application under the Planning Act may also be required, for example when issuing a trustee lease for a term of more than 10 years.
You are strongly encouraged to arrange a pre-lodgement meeting with us before you apply to ensure you have the information you need to apply correctly. You can do this by contacting your nearest business centre.
Who can apply
Applications can be made by, or on behalf, of the person who:
- holds or will hold the appropriate tenure or interest (e.g. leaseholder, sublessee, trustee of trust land, trustee lessee, grantee of an easement)
- will occupy the land, if no tenure is required.
When is owner’s consent required?
Owner’s consent for state land is required from the department for:
- land subject to a lease, including a freeholding lease or a reserve or deed of grant in trust, held by the department on behalf of the state as the lessee or trustee of the land
- land subject to a lease, including a freeholding lease, or a reserve where the lessee or trustee is not or does not represent the state
- strategic port land under the Transport Infrastructure Act 1994, other than freehold land
- land subject to a permit to occupy or license under the Land Act 1994
- land subject to an estate in fee simple (freehold) held by the department on behalf of the state
- land that is unallocated state land
- land that is a road (other than a state-controlled road) or stock route.
If the proposed development is for a structure (i.e. a jetty, pontoon or boat ramp) for residential use adjoining private land outside of a canal, and not within a declared fish habitat area, owner’s consent is required from Department of Environment and Science.
Owner's consent is not required for development applications for works within a canal as defined under the Coastal Protection and Management Act 1995.
If your application is partly or wholly within a declared fish habitat area under the Fisheries Act 1994, or if the proposed development is for a material change of use on state land for quarry material administered under the Forestry Act 1959, contact the Department of Agriculture and Fisheries.
How to apply
Your application to the department should include:
- LA00—Application form part A (PDF, 92.1KB)
- LA08—Application for owner's consent to a development application (PDF, 162KB)
- Application fee: no fee
- Original application details - the DA Form 1 with all necessary other forms or attachments including sketches/plans of existing and proposed improvements proposed to be lodged with the assessment manager. Note: The department does not generally require the full development application, such as engineer drawings, but will require as much of the development application clearly showing the proposed development
- If acting on a person's behalf, a letter from the person advising that you are acting on their behalf
- A letter from the leaseholder or trustee, if the development application relates to a secondary interest in the land (e.g. sublease, trustee lease)
- Any additional attachments, as requested
DA Form 1 and a guide to completing the form are available from the Department of State Development, Infrastructure, Local Government and Planning.
To avoid processing delays, read the forms carefully and include all required information.
Lodging your application
You can lodge your state land application by emailing SLAMlodgement@resources.qld.gov.au or by posting it to Department of Resources, PO Box 5318, Townsville QLD 4810.
If a fee applies to your application, payment options are cheque (by post) or credit card.
Cheques should be made out to the 'Department of Resources' and marked 'not negotiable'.
Credit card payments are accepted over the phone.
We will send you a receipt once we have established that your application meets all requirements and has been properly made.
If you have any questions about lodging your application or payment, contact:
- SLAMlodgement@resources.qld.gov.au Phone: (07) 4447 9179
How your application is assessed
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.
We will only consider providing owner’s consent if:
- the applicant holds a tenure or interest in state land that supports the proposed development
- the applicant has accepted an offer for a tenure or interest in state land that supports the proposed development
- the proposed development does not require tenure or an interest in state land (e.g. a tidal work for public purposes such as a power line or public boat ramp).
What happens next?
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. This should be included in the application to the assessment manager. A supporting letter may also be provided.