Land Act 1994 (Qld)

Land Act 1994

An Act to consolidate and amend the law relating to the administration and management of non-freehold land and deeds of grant in trust and the creation of freehold land, and for related purposes

Chapter 1    Preliminary

Part 1    Introduction

1   Short title

This Act may be cited as the Land Act 1994.

3   Dictionary

The dictionary in schedule 6 defines particular words used in this Act.

3A   Aboriginal people particularly concerned with land and Torres Strait Islanders particularly concerned with land

For this Act—

(a)Aboriginal people are particularly concerned with land if they are particularly concerned with the land within the meaning of the Aboriginal Land Act 1991, section 3(2); and

(b)Torres Strait Islanders are particularly concerned with land if they are particularly concerned with the land within the meaning of the Torres Strait Islander Land Act 1991, section 3(2).

Part 2    Objects

4   Object of this Act

In the administration of this Act, land to which this Act applies must be managed for the benefit of the people of Queensland by having regard to the following principles—

Sustainability

•sustainable resource use and development to ensure existing needs are met and the State’s resources are conserved for the benefit of future generations

Evaluation

•land evaluation based on the appraisal of land capability and the consideration and balancing of the different economic, environmental, cultural and social opportunities and values of the land

Development

•allocating land for development in the context of the State’s planning framework, and applying contemporary best practice in design and land management

•when land is made available, allocation to persons to support the economic, social and physical wellbeing of the people of Queensland

Community purpose

•if land is needed for community purposes, the retention of the land for the community in a way that protects and facilitates the community purpose

Protection

•protection of environmentally and culturally valuable and sensitive areas and features

Consultation

•consultation with community groups, industry associations and authorities is an important part of the decision-making process

Administration

•consistent and impartial dealings

•efficient, open and accountable administration

•a market approach in land dealings, adjusted when appropriate for community benefits arising from the dealing.

Part 3    Application of Act

5   Land to which Act applies

(1)This Act applies to all land, including land that is, whether permanently or from time to time, covered by water subject to tidal influence.

Note—

Although this Act generally applies to non-freehold land, most freehold land contains a reservation to the State for minerals. To that extent, this Act applies to all land.

(2)Layers and strata above and below the surface of land may be dealt with under this Act.

Note—

However, see section 14(3).

6   Act binds all persons

This Act binds all persons, including the State and, as far as the legislative power of the Parliament permits, the Commonwealth and the other States.

7   Relationship with Native Title Act