Land Act 1994

The Governor in Council may grant, in fee simple—

unallocated State land; or

land contained in an operational reserve or a part of the land; or

land contained in an operational deed of grant in trust in relation to which chapter 3, part 1, division 4A applies or a part of the land; or

rail land; or

approved land.

The Governor in Council may also grant, in fee simple in trust, unallocated State land for use for 1 of the following purposes—

a community purpose;

provision of services beneficial to Aboriginal people particularly concerned with the land;

provision of services beneficial to Torres Strait Islanders particularly concerned with the land.

A grant under subsection (1) or (2) may not be made for land that adjoins a tidal boundary or right line tidal boundary of other land.

A grant of rail land under subsection (1) may be made only to the State.

Subsection (3) does not stop land that is on the seaward side of a tidal boundary or right line tidal boundary from being granted in fee simple if it is the subject of a reclamation mentioned in section 127.

A grant of approved land under subsection (1) may be made only to the person the subject of the application.

In this section—approved land means land the subject of an application approved by the chief executive under the Aboriginal Land Act 1991, section 32C or the Torres Strait Islander Land Act 1991, section 28C.