Queensland Consolidated Acts

LAND ACT 1994 - SECT 16

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 and use for the land.

(2) When conducting the evaluation, the chief executive must—

(a) take account of State, regional and local planning strategies and policies and the object of this Act; and

(b) take account of commitments of, and undertakings given by, the State in relation to the land; and

(c) 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

(d) 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 and use 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 grant of rail land in fee simple to the State.

(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.