Queensland Consolidated Acts
[Index]
[Table]
[Search]
[Search this Act]
[Notes]
[Noteup]
[Previous]
[Next]
[Download]
[Help]
LAND ACT 1994 - SECT 16
Deciding appropriate tenure
16 Deciding appropriate tenure
(1) Before land is allocated under this Act, the chief executive must evaluate
the land to assess the most appropriate tenure for the land.
(2) When
conducting the evaluation, the chief executive must— (a) take account of the
object of this Act; and
(b) take account of State, regional and local
planning strategies and policies, including, for example, planning instruments
under the Planning Act that apply to the land; and
(c) take account of
commitments of, and undertakings given by, the State in relation to the land;
and
(d) to the extent the land is in a priority development area—take
account of, and give primary consideration to, any relevant development
instrument under the Economic Development Act 2012 that applies to the land;
and
(e) to the extent the land is Cape York agreement land—take account of
commitments and undertakings given by a person under, or arising from, a
Cape York agreement that have effect in relation to tenure.
(3) The chief
executive may comply with subsection (1) by using, as the evaluation, an
earlier assessment of the most appropriate tenure for the land if— (a) the
assessment was conducted by or for the State; and
(b) the chief executive is
satisfied the assessment takes account of the matters mentioned in subsection
(2) .
(4) This section does not apply to— (a) a grant of rail land in fee
simple to the State; or
(b) the dedication of unallocated State land as a
reserve.
(5) In this section—
"Cape York agreement" means— (a) the Cape York Peninsula Land Use Heads of
Agreement made on 5 February 1996; or
(b) the agreement made on 17 September
2001, headed ‘Deed of Endorsement Cape York Land Use Heads of Agreement’.
"Cape York agreement land" means unallocated State land to which a
Cape York agreement applies.
AustLII: Copyright Policy
| Disclaimers
| Privacy Policy
| Feedback