Reserves and trust land
Before issuing a trustee lease to authorise the use and occupation of trust land by third parties, the trustee must obtain our permission.
Note: The trustee must make the application, not the proposed trustee lessee.
State or local government trustees
State or local government trustees may not need to obtain approval for a trustee lease. Please refer to the Written authority no. 1, Trustee lease over trust land (PDF, 432KB) for details.
- Read our policy on the secondary use of trust land, listed on this page.
- Read the Guide to a trustee lease (PDF, 370KB).
- Contact us to confirm that the proposed lease will be considered and to determine requirements (e.g. survey plan, sketch map). See section 5.7 of the Registrar of Titles directions for the preparation of plans for detailed requirements.
- Negotiate a draft trustee lease and produce a draft management plan, if required.
Generally, our mandatory standard terms document will need to be included in the trustee lease. To obtain a copy, contact the Titles Registry and request dealing no. 711932933. A fee applies.
Trustees must ensure that no other document forming part of the trustee lease (including other standard terms documents) conflict with the mandatory standard terms document.
We encourage trustees to prepare and register standard terms documents. Using these documents is a time-saver for all involved, as the terms and conditions of the trustee lease have been substantially agreed. Standard terms documents to be registered for use by a trustee will need our approval.
Land management plans
In some cases, you may need to provide a land management plan (LMP) as part of your application.
The LMP process gives you the opportunity to plan the use and development of the trust land and to consult with the community.
How to apply
Your application should include:
- Form LA00—Contact and land details (PDF, 92.1KB)
- Form LA27—Application for trustee lease (PDF, 59.5KB)
- Any additional attachments, as requested
To avoid processing delays, read the forms carefully and include all required information.
Lodging your application
You can lodge your state land application in person at your nearest business centre, by emailing to SLAMlodgement@dnrme.qld.gov.au or by posting it to Department of Natural Resources, Mines and Energy, PO Box 5318, Townsville QLD 4810.
If a fee applies to your application, payment options are cash (in person only), EFTPOS (in person at some centres only), cheque (in person or by post), or credit card.
Cheques should be made out to the 'Department of Natural Resources, Mines and Energy' and marked 'not negotiable'.
Credit card payments are accepted in person or 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@dnrme.qld.gov.au Phone: (07) 4447 9179
You can contact your nearest business centre to arrange a pre-lodgement meeting.
How your application is assessed
We will assess your application against legislative requirements and our own policies, procedures and guidelines. We will seek the views of other stakeholders (e.g. state, regional and local agencies) and inspect the land if required.
Policies and legislation
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.
What happens next?
Once we have received the advice of other stakeholders and all issues, including native title, have been investigated, we will send you a written notice.
We may give 'in principle' approval for a trustee lease, which may be subject to conditions.
If approved you will be provided with a Titles Registry Form 18—General consent.
For the trustee lease to be valid, you must register it with the Titles Registry.
Amending a trustee lease
A registered trustee lease may, with our approval, be amended by registering an amendment to the trustee lease.
However, the document of amendment must not increase or decrease the area leased; add or remove a party to the lease; or increase the term of the lease.
Other transactions relating to trustee leases
A trustee lessee may transfer, mortgage or sublease a trustee lease if they first obtain the trustee’s written approval to the transaction.
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