Queensland Consolidated Acts

LAND ACT 1994 - SECT 28

28 Interaction with native title legislation

(1) Any action taken under this Act, including an action taken by a trustee of trust land under section 52 , must be taken in a way not inconsistent with the Native Title Act 1993 (Cwlth) and the Native Title (Queensland) Act 1993 .

(2) To remove any doubt, it is declared that if native title exists over land, the land may still be dealt with under this Act.

(3) However, subsection (2) is subject to subsection (1) .

Example—

The issue of a permit under this Act, with appropriate conditions, could be a low impact future act under the Native Title Act 1993 (Cwlth) .

(4) In this section —

"action" includes any of the following—

(a) reserving land;

(b) dedicating land as a road;

(c) granting land;

(d) granting or issuing a lease, licence or permit over—

(i) land contained in a deed of grant in trust or a reserve; or

(ii) a nature conservation area; or

(iii) a road; or

(iv) a specified national park; or

(v) a State forest; or

(vi) a timber reserve; or

(vii) unallocated State land;

(e) including a reservation in a deed of grant, deed of grant in trust or lease;

(f) disposing of a reservation no longer needed;

(g) renewing or extending a lease;

(h) converting a lease to another form of tenure;

(i) including land in a lease or deed;

(j) approving a trustee lease or trustee permit;

(k) changing the purpose of a lease, licence, permit or reserve;

(l) changing the way land contained in a deed of grant in trust or a reserve is used;

(m) actions above and below high-water mark and in layers or strata;

(n) offering or agreeing to carry out an action.