Types of land tenure
Trust land (reserves and deeds of grant in trust)
Trust lands have been set aside or dedicated under the Land Act 1994 and repealed Land Acts for community or operational purposes. Trust land is either a reserve or a deed of grant in trust.
A reserve may now only be dedicated for a community purpose under the Land Act 1994. The issue of a deed of grant in trust is no longer supported.
Examples of community purposes include showgrounds, cemeteries, drainage and open spaces. Many recreation facilities and parks and gardens, such as Anzac Park in Brisbane, are on trust land.
Day-to-day management of trust land is generally the responsibility of the trustee. This is often the local government but can also be groups such as a showground trust or an incorporated sporting association.
The trustees are the owners of the land for the purposes of legal proceedings and can take action to remove trespassers or to protect property under their control.
Members of the community may have the right to use trust land for the community purpose for which it was dedicated. However, they must also abide by any model by-laws or local laws made by the trustee. For details of these, contact the trustee.
In this guide: