Land Act 1994

This Act may be cited as the Land Act 1994.

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

For this Act—

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

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).

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.

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.

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

Note—However, see section 14(3).

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.

This Act does not affect the operation of the Native Title (Queensland) Act 1993.

In this part—adjacent owner—

for non-tidal watercourse land—see section 8A(1) and (2); or

for non-tidal lake land—see section 8A(3) and (4).

ambulatory boundary principles...chief executive (water) means the chief executive of the department in which the Water Act 2000 is administered.lake...navigable river...non-tidal boundary (lake) has the same meaning as in the Survey and Mapping Infrastructure Act 2003, part 7.non-tidal boundary (watercourse) has the same meaning as in the Survey and Mapping Infrastructure Act 2003, part 7.non-tidal lake land see section 13AA(1)(b).non-tidal watercourse land see section 13AA(1)(a).owner, of land, means the following—

if the land is freehold land—the registered owner of the land;

if the land is the subject of a lease registered under the Land Title Act 1994—the lessee of the land;

if the land is the subject of a lease registered under this Act—the lessee of the land;

if the land is a reserve—the trustee of the reserve;

if a person has occupation rights in relation to the land under a licence or permit—the licensee or permittee.

right line boundary has the same meaning as in the Survey and Mapping Infrastructure Act 2003, part 7.right line tidal boundary, of land, means a right line boundary of the land that—

is located approximately where a tidal boundary might otherwise be located; orExample—The boundaries of a lot include a tidal boundary. Because of difficulties arising in relation to the location at law of the tidal boundary, or for some other reason, the registered owner of the lot agrees to surrender the lot to the State. The lot is resurveyed, and a new deed of grant is issued for the lot, but without the tidal boundary. The deed of grant and associated plan of survey now provide for a right line boundary in a location that is the approximate location of the previous tidal boundary.

adjoins land that is, whether permanently or from time to time, covered by tidal water.

ship...tidal boundary has the same meaning as in the Survey and Mapping Infrastructure Act 2003, part 7.tidal navigable river...tidal water means any part of the sea or of a port, or of a watercourse, lagoon, swamp or other place where water may be found, ordinarily within the ebb and flow of the tide at spring tides.watercourse...

A person is an adjacent owner for non-tidal watercourse land if the person is the owner of land that adjoins a non-tidal boundary (watercourse) of the non-tidal watercourse land.

Also, a person is an adjacent owner for non-tidal watercourse land if—

the non-tidal watercourse land extends from the non-tidal boundary (watercourse) on 1 side of the watercourse (the subject boundary) past the line along the middle of the bed of the watercourse; and

the person is the owner of land that adjoins the non-tidal boundary (watercourse) of the non-tidal watercourse land on the other side of the watercourse, opposite the subject boundary.

A person is an adjacent owner for non-tidal lake land if the person is the owner of land that adjoins a non-tidal boundary (lake) of the non-tidal lake land.

Also, a person is an adjacent owner for non-tidal lake land if—

the non-tidal lake land extends from the non-tidal boundary (lake) on 1 side of the lake (the subject boundary) past the centre of the lake; and

the person is the owner of land that adjoins the non-tidal boundary (lake) of the non-tidal lake land on the other side of the lake, opposite the subject boundary.

If land has a boundary that is a tidal boundary or right line tidal boundary, other land that is on the same side of the boundary as the water subject to tidal influence—

is the property of the State; and

may be dealt with as unallocated State land.

Subsection (1) does not apply to land if it is inundated land or a registered interest in the land is held by someone else.

Subsections (1) and (2) apply even if a person owns land having tidal boundaries or right line tidal boundaries on both sides of water subject to tidal influence.

Example—A person owns land that has as its northern boundary a tidal boundary that is located on the southern edge of a river. The same person also owns land in the same locality that has as its southern boundary a tidal boundary located on the northern edge of the same river. The ownership of land on both sides of the river does not in these circumstances confer on the person ownership of the river itself.

To remove any doubt, it is declared that, before the commencement of this section, if a boundary of land (the relevant land) was formed by high-water mark—

other land that adjoined the boundary and was below high-water mark was, and always was, the property of the State, unless it was inundated land or a registered interest in the land was held by someone else; and

if the line of the high-water mark shifted over time by gradual and imperceptible degrees, the shift was a shift in the boundary of the relevant land.

An act before the commencement of this section to occupy, use, build works or remove material or product, with or without lawful authority, could never divest the State of its ownership of land below high-water mark.

An act after the relevant commencement to occupy, use, build works or remove material or product, with or without lawful authority, can not divest the State of its ownership of land that is on the same side of a boundary that is a tidal boundary or right line tidal boundary as the water subject to tidal influence.

For subsection (6), relevant commencement means—

in relation to a tidal boundary or right line tidal boundary under section 8, definition right line tidal boundary, paragraph (a)—the commencement of subsection (6); or

in relation to a right line tidal boundary under section 8, definition right line tidal boundary, paragraph (b)—the commencement of this subsection.

Land in the ownership of the State that becomes raised above high-water mark as a result of the carrying out of works on or in proximity to the land remains owned by the State and may be dealt with as unallocated State land.

This section does not apply to land the subject of reclamation mentioned in section 127.

Land that becomes raised above high-water mark is land within the local government area of land adjoining the raised land.

If the raised land adjoins land in more than 1 local government area, the Minister must decide the local government for the land.