Queensland Consolidated Acts

LAND ACT 1994 - SECT 57

57 Trustee leases

(1) A trustee may lease all or part of the trust land if the trustee first obtains the Minister’s written ‘in principle’ approval to the lease.

(2) The Minister’s approval may include conditions.

(3) Despite subsections (1) and (2) a trustee may, without the Minister’s approval, grant a trustee lease (construction) or a trustee lease (State or statutory body) over all or part of the trust land.

(4) A
"trustee lease (construction)" is a lease of trust land to the State for the construction of transport infrastructure and the provision of transport services on the trust land.

(5) A
"trustee lease (State or statutory body)" is a lease of trust land if all of the following apply—

(a) the trustee of the trust land is the State or a statutory body;

(b) the purpose of the lease is consistent with the purpose for which the trust land was reserved or granted in trust;

(c) if a management plan for the trust land is registered under section 48 —the lease is consistent with the management plan.

(6) A trustee lease (construction) may be granted even if its purpose is inconsistent with the purpose for which the trust land was reserved or granted in trust.

(7) Each trustee lease must be registered in the appropriate register.

(8) This section does not authorise the construction of works under a trustee lease (construction) before the lease is registered.

(9) Each trustee lease, other than a trustee lease (construction) or trustee lease (State or statutory body), must be endorsed with the Minister’s approval before it is registered.

(10) If the trustee lease is for only part of the trust land, the appropriate form for the trustee lease must also include—

(a) a sketch plan the registrar of titles is satisfied identifies the land being leased; or

(b) if required by the registrar of titles—a plan of survey identifying the land being leased.

(11) However, the registrar of titles may allow the land being leased to be identified by a description alone if the registrar is satisfied the land is adequately identified by the description.

Note—

This section and other provisions of this division do not apply in relation to leasing Aboriginal trust land as defined under the Aboriginal Land Act 1991 or Torres Strait Islander trust land as defined under the Torres Strait Islander Land Act 1991 . See the Aboriginal Land Act 1991 , part 15 and the Torres Strait Islander Land Act 1991 , part 11 .