Reserves and trust land
Model by-laws for trust land
The Land Regulation 2009 (Schedules 1–5) contains 5 model by-laws for the use of trustees. It is up to the trustees to decide whether or not to adopt any or all of the model by-laws. However, if trustees do not adopt them, they may not devise their own.
The currently available model by-laws are:
- Trust Land Protection and Use Model By-law 2009
- Trust Land Cemeteries, Crematoriums and Mortuaries Model By-law 2009
- Trust Land Consumption of Liquor Model By-law 2009
- Trust Land Business and Management Model By-law 2009
- Trust Land Financial Management Model By-law 2009
Deciding whether to adopt a model by-law
- Decide by resolution whether to propose to adopt a model by-law.
- Consult with the public about the proposal. This requires at least one advertisement in a newspaper circulating in the area of the trust land and, if considered appropriate, a public notice. This should be displayed in a conspicuous place on the trust land for all or part of the consultation period (preferably for the whole consultation period unless there is a good reason otherwise).
- Make copies of the proposed model by-law available to the public (a fee may be charged for copies/postage).
- Consider all submissions that are received by the deadline for the end of the consultation.
- Decide by resolution whether to proceed with the adoption of the model by-law.
Adopting a by-law
If the decision is to proceed with the adoption of the model by-law:
- Send a copy of the decision/resolution and of the model by-law to our business centre.
- Advertise the adoption of the model by-law in a newspaper circulating in the area of trust land.
- Display a public notice in a conspicuous place on the trust land for at least 7 days.
- Arrange with us for the adoption of the model by-law to be published in the Queensland Government Gazette. The model by-law will take effect on the date the gazette is published, or at any later date stated in the gazette notification.
Note: The term 'decide by resolution' also covers a decision made when the trust consists of 1 person only. All decisions and resolutions must be recorded in the minute book or similar.
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
- Land management planning