Reserves and trust land
Model by-laws for trust land
Model by-laws are made under the Land Act 1994 to help trustees meet their obligations for managing trust land.
They are intended to provide trustees with an acceptable level of authority to control certain activities on trust land, such as:
- public access
- rubbish disposal
- lighting of fires
- alcohol consumption
- dog and pet access.
It is up to trustees to decide whether to adopt any or all of the model by-laws.
However, if trustees do not adopt them, they cannot devise their own and operate outside the regulatory framework for trust land.
Occasionally, it may be necessary for local governments, as trustees, to adopt the state model by-laws and make additional local by-laws under the Local Government Act 2009 or the City of Brisbane Act 2010 to aid their management of a particular parcel of trust land.
Model by-laws adopted prior to 1 July 2020
Changes to legislation starting on 1 July 2020 have not affected the substance of the by-laws. Any by-law adopted before 1 July will be automatically replaced by the new model by-law.
Trustees do not need to renotify us or the public unless they are adopting a new model by-law for the first time.
Available state model by-laws
- Trust land - Protection and use model by-law (PDF, 291KB)
- Trust land - Cemeteries, crematoriums and mortuaries model by-law (PDF, 369KB)
- Trust land - Consumption of liquor model by-law (PDF, 186KB)
- Trust land - Business and management model by-law (PDF, 247KB)
- Trust land - Financial management model by-law (PDF, 175KB)
Key steps to adopting a model by-law
If you decide to adopt a by-law, you must give public notice.
Examples of ways a public notice can be given:
- displaying the notice on the trust land for at least 7 days
- publishing the notice on your website
- publishing the notice in a print and/or digital media publication circulating in the local area of the trust land.
Model by-laws take effect on the day the public notice is first published. If the by-law is to take effect at a later date, this date should be included in the public notice.
The public notice must state:
- the name of the trustee
- the property description of the trust land
- the name of the model by-law adopted
- the purposes and general effect of the model by-law
- where the model by-law may be inspected
- the day the notice is dated as first published
- the date the by-laws takes effect, if this is later than the publication date of the notice.
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