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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:

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:

  1. Community purposes for dedicating trust land
  2. Model by-laws for trust land
  3. Trustee leases
  4. Roles and responsibilities of trustees
  5. Deed of grant over an operational reserve
  6. Land management planning

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