Land Holding Act leases guide

Invalid lease applications

Some approved applications made under the 1985 Land Holding Act were invalid because the statutory process was not followed properly. The 2013 Land Holding Act provides a pathway that may allow you to secure a valid lease arrangement.

This information applies to original applicants and beneficiaries of their estate.

Step 1: Check the lease entitlement notices for your community

If you believe you or your family have a lease entitlement and it is not listed on the lease entitlement notices for your community, contact the trustee to find out if you may have an invalid lease application, or contact us at indigenousland@resources.qld.gov.au

Step 2: Apply for a hardship certificate

If your application was found to be invalid, you can apply for a hardship certificate. Complete and submit the application for a hardship certificate (PDF file, 112KB). Include any supporting documents you have.

We’ll grant a hardship certificate if:

1. The applicant made a lease application between 15 June 1985 and 20 December 1991, under the Aborigines and Torres Strait Islander (Land Holding) Act 1985.
2. The trustee council for the application advised the applicant, or led the applicant to believe, that the application had been approved.
3. The applicant (or if the applicant is deceased, an interested person in their estate) assumed the trustee council had approved the application and acted on that - for example, built a house on the land. These actions could include many things, and you should contact us at indigenousland@resources.qld.gov.au to talk about your situation.

Step 3: Apply for a lease

If a hardship certificate has been granted, the applicant (or interested person in their estate) can then apply to the trustee for a 99-year home ownership lease. These leases are granted under the Aboriginal Land Act 1991 or Torres Strait Island Land Act 1991.

If the trustee approves the lease, the land must be valued at ‘nil’.

In this guide:

1. How we grant leases for approved applications
2. Conditions for existing leases
3. Invalid lease applications
4. Background to the Land Holding Act 2013

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