Queensland Consolidated Acts

LAND ACT 1994 - SCHEDULE 6

SCHEDULE 6 – Dictionary

"Aboriginal people particularly concerned with land" ...

"accepted representations" see section 403E (2) .

"additional area" ...

"adjacent land" , in relation to relevant land, for chapter 7 , part 3C , see section 431ZA .

"adjacent owner" , for chapter 1 , part 4 , see section 8A .

"adjoining owner" in relation to land adjoining a road, means—

(a) the registered owner of the land, other than a trustee of a deed of grant in trust; or

(b) if the land is lease land—the lessee; or

(c) if the land is trust land—the trustee of the trust land.

(a) farming;

(b) crop-raising;

(c) forestry.

(a) if an application for review of the decision is not made within the 42 days mentioned in section 424 (1) or within any extended period under section 424 (2) —the day the 42 days or extended period ends; or

(b) if an application is made, the day all proceedings under chapter 7 , part 3 , in relation to the decision and any appeals from those proceedings, are ended.

(a) the approved form for the document; or

(b) if a form is approved or prescribed for the document under another Act—that form; or

(c) if the registrar of titles has given consent for an electronic form of the document under section 305A (1) —the electronic form; or

(d) if the chief executive or registrar of titles has given consent for an electronic form of the document under the Electronic Transactions (Queensland) Act 2001 —the electronic form.

(a) for leases and matters relating to leases—the leasehold land register; or

(b) for reserves and matters relating to reserves—the register of reserves; or

(c) for State forests and timber reserves and matters relating to State forests and timber reserves—

(i) generally—the register of State forests and timber reserves; and

(ii) in relation to a plantation licence or a dealing with a plantation licence—the register mentioned in paragraph (a) and the register of plantation licences; or

(d) for nature conservation areas and matters relating to protected areas, critical habitat, or areas of major interest, under the Nature Conservation Act 1992 —the register of nature conservation areas; or

(e) for specified national parks and matters relating to specified national parks—the register of specified national parks; or

(f) for licences and permits and matters relating to licences and permits—the register of licences and permits; or

(g) for unallocated State land and matters relating to unallocated State land—the register of unallocated State land; or

(h) for State housing leases and matters relating to State housing leases—the register of State housing leases; or

(i) for land vested in fee simple and matters relating to the land—the register of land vested in fee simple.

(a) for an electronic conveyancing document—a form approved by the registrar of titles under the Electronic Conveyancing National Law (Queensland) , section 7 ; or

(b) otherwise—a form approved under section 444 .

(a) a lessee of the lease or licensee of the licence; or

(b) someone, other than the caveator, who has an interest in the lease or licence; or

(c) a holder of an interest in a reserve.

(a) a representation of the document in paper form; or

(b) a reproduction or representation of the document in digital form.

(a) generally, other than in relation to an offence—means the Land Court; or

(b) in relation to an offence—means a Magistrates Court; or

(c) for chapter 6A —see section 390C ; or

(d) for chapter 7 , part 3 —see section 420J .

(a) invasive biosecurity matter under the Biosecurity Act 2014 ; or

Notes—

1 See the Biosecurity Act 2014 , schedule 1 , part 3 or 4 or schedule 2 , part 2 .

2 See also the notes to the Biosecurity Act 2014 , schedules 1 and 2 .

(b) controlled biosecurity matter or regulated biosecurity matter under the Biosecurity Act 2014 .

(a) requesting the registrar of titles to register a dedication of land under this Act; or

(b) requesting the registrar of titles to register a dedication of land as a road under the Acquisition of Land Act 1967 , section 12B .

(a) land granted in fee simple by the State; or

(b) the document evidencing the grant, including an indefeasible title under the Land Title Act 1994 .

(a) land granted in fee simple in trust by the State; or

(b) the document evidencing the grant, including an indefeasible title under the Land Title Act 1994 .

Note—

For filing an electronic conveyancing document, see the definition
"file" .

(a) a forest reserve; or

(b) a national park; or

(c) a State forest; or

(d) a timber reserve.

(a) to the extent the provision is about a lease or licence—the Minister; or

(b) to the extent the provision is about a permit or other document—the chief executive.

(a) for a freeholding lease—the Governor in Council; or

(b) for a term or a perpetual lease—the Minister.

(a) if clearing of trees enhances the productivity of the land—the clearing of trees; and

(b) work performed for the rehabilitation and sustainability of the land; and

(c) filling, reclamation or any other works making the land suitable for use or the building or erection of a building or structure on the land.

(a) a deed of grant or lease; and

(b) a will, grant of representation, or exemplification of a will, that may be used to deal with a lot; and

(c) a deed that relates to or may be used to deal with a lot; and

(d) a power of attorney that may be used to deal with a lot; and

(e) a request, application or other document that deals with a lot and may be registered under this Act; and

(f) a map or plan of survey that may be lodged; and

(g) another document that may be deposited; and

(h) an electronic conveyancing document.

(a) an existing perpetual country, suburban or town lease that was taken to be, under the repealed Act, part 7 , division 3 a lease for a term of years subject to a covenant entitling the lessee to the issue of a deed of grant if an application was received—

(i) on or after 5 February 1990; or

(ii) for leases issued for an industrial lease under the repealed Industrial Development Act 1963 —on or after 3 October 1991; or

(b) an existing agricultural farm issued on or after 31 December 1991 under the repealed Act, part 4 , division 1 ; or

(c) an existing special lease purchase freehold issued under the repealed Act, part 8 , division 2 ; or

(d) an existing auction purchase freehold issued under the repealed Act, part 7 , division 1 .

(a) land recorded in the freehold land register; and

(b) other land that has been granted or vested in fee simple.

(a) a grazing homestead perpetual lease issued under the repealed Act; or

(b) a grazing homestead lease, grazing farm lease or settlement farm lease that, under the Land Act Amendment Act 1984 (No. 54), was converted to and declared to be a grazing homestead perpetual lease under the repealed Act.

(a) building, fence or yard; and

(b) artificial watercourse or watering-place, bore, reservoir, well or apparatus for raising, holding or conveying water; and

(c) cultivation, garden, orchard or plantation; and

(d) building, structure or appliance that is a fixture for the working or management of land or stock pastured on the land or for maintaining, protecting or increasing the natural capabilities of the land;

(a) for chapter 4 , part 3 , division 2 , subdivision 1AA —see section 156A (1) ; or

(b) for chapter 4 , part 4 —see section 180I (1) ; or

(c) for chapter 5 , part 4 , division 4 —see section 244 (1) .

(a) for chapter 4 , part 3 , division 2 , subdivision 1AA —see section 156 (2) ; or

(b) for chapter 4 , part 4 —see section 180C (1) ; or

(c) for chapter 5 , part 4 , division 4 —see section 242A (2) .

(a) if the approved agreement for the interest is an indigenous access and use agreement—the determined native title holders, or registered native title claimants, for the subject area who are a party to the agreement; or

(b) if the approved agreement for the interest is an indigenous land use agreement—the native title party for the subject area who is a party to the agreement.

(a) the decision and the reasons for it; and

(b) the rights of review and appeal under this Act; and

(c) the period in which any review or appeal under this Act must be started; and

(d) how rights of review and appeal under this Act are to be exercised; and

(e) that, if the person who is given the notice applies under this Act for review of the decision, the person may apply for a stay of the decision.

(a) soil erosion, salinity or scalding;

(b) destruction of soil structure, including, for example, the loss of fertility, organic matter or nutrients;

(c) decline in perennial pasture grasses, pasture composition and density;

(d) low ground cover;

(e) thickening in woody plants;

(f) stream bank instability and slumping;

(g) the presence of any declared pest;

(h) water logging;

(i) rising water tables;

(j) a process that results in declining water quality.

(a) generally—means the interest in land comprising a lease held under this Act, as shown by the current particulars of the interest in the appropriate register; and

(b) for chapter 6 , part 4 , division 11A —includes sublease.

(a) an Australian legal practitioner as defined under the Legal Profession Act 2007 , section 6 (1) ; or

(b) a government legal officer engaged in government work as defined under the Legal Profession Act 2007 , section 12 (1) and (2) .

(a) the locality of the land; and

(b) the nature of the land; and

(c) the potential of the land for sustainable development; and

(d) the distance of the land from transport facilities and markets.

Note—

For filing an electronic conveyancing document, see the definition
"file" .

(a) removing the trunk of the tree; or

(b) cutting or pruning branches of the tree so severely that the tree is likely to die.

(a) for chapter 8 , part 7 , division 2 , see section 495 ; or

(b) for chapter 8 , part 7 , division 2A , see section 503B .

(a) a national park;

(b) a conservation park;

(c) a resources reserve;

(d) a forest reserve;

(e) a special wildlife reserve.

(a) if there is more than 1 person who apparently occupies the place—any 1 of the persons;

(b) any person at the place who is apparently acting with the authority of a person who apparently occupies the place;

(c) if no-one apparently occupies the place—

(i) for a place that is non-freehold land—the lessee, licensee, permittee or trustee of the land; or

(ii) for a place that is freehold land—any person who is a registered owner of the place.

(a) a community purpose; or

Note—

See also sections 559 (3) , 572 (4) and 575 (5) .

(b) provision of services beneficial to Aboriginal people particularly concerned with the land granted in trust; or

(c) provision of services beneficial to Torres Strait Islanders particularly concerned with the land granted in trust.

(a) a reserve, in effect immediately before the commencement of the amendment Act, that complies with both of the following—

(i) none of the purposes of the reserve is—

(A) a community purpose; or

Note—

See also sections 559 (3) , 562 (5) , 565 (4) and 568 (6) .

(B) provision of services beneficial to Aboriginal people particularly concerned with the land contained in the reserve; or

(C) provision of services beneficial to Torres Strait Islanders particularly concerned with the land contained in the reserve;

(ii) since the commencement of the amendment Act, the purpose of the reserve has not been changed under section 31B (1) to a purpose mentioned in section 31 (1) (d) or to add a purpose mentioned in section 31 (1) (d) ; or

(b) a reserve, dedicated under chapter 9 , part 8 , division 3 , other than section 570 , that complies with both of the following—

(i) none of the purposes of the reserve is—

(A) a community purpose; or

Note—

See also sections 562 (5) , 565 (4) and 568 (6) .

(B) provision of services beneficial to Aboriginal people particularly concerned with the land contained in the reserve; or

(C) provision of services beneficial to Torres Strait Islanders particularly concerned with the land contained in the reserve;

(ii) since the reserve was dedicated, the purpose of the reserve has not been changed under section 31B (1) to a purpose mentioned in section 31 (1) (d) or to add a purpose mentioned in section 31 (1) (d) ; or

(c) a reserve over public use land that became unallocated State land under section 290JA (2) (d) ; or

(d) a reserve over public use land under the Land Title Act 1994 that became unallocated State land under section 51 (2) (d) of that Act.

(a) made under this Act and mentioned in schedule 2 ; or

(b) made under a regulation, if the regulation provides for an appeal in relation to the decision.

(a) for chapter 1 , part 4 , see section 8 ; or

(b) for chapter 6 , part 4 , division 8C , see section 373R ; or

(c) for chapter 6A , see section 390C ; or

(d) for chapter 7 , part 3B , see section 431O .

(a) for a permit for a term of not more than 12 months, issued under chapter 4 , part 4 , that is not registered—the holder of the permit; or

(b) otherwise—the person registered as the holder of a permit from the State issued under this Act or the repealed Act.

(a) an existing auction perpetual lease that is a perpetual country, suburban or town lease issued under the repealed Act, part 7 , division 2 ; or

(b) an existing perpetual country, suburban or town lease that was taken to be, under the repealed Act, part 7 , division 3 , a lease for a term of years subject to a covenant entitling the lessee to the issue of a deed of grant if an application was received—

(i) before 5 February 1990; or

(ii) for leases issued for an industrial lease under the repealed Industrial Development Act 1963 —before 3 October 1991; or

(c) an existing perpetual lease selection issued under the repealed Act, part 4 , division 2 ; or

(d) an existing agricultural farm issued before 31 December 1991 under the repealed Act, part 4 , division 1 ; or

(e) an existing grazing homestead freeholding lease issued under the repealed Act, part 4 , division 5 because of an application received before 5 February 1990; or

(f) a mining titles freeholding lease; or

(g) an existing lease for a term of years subject to a covenant entitling the lessee to a deed of grant in fee simple, if the lease was granted under the Special Freeholding of Leases Act 1991 on the application of the lessee of a lease mentioned in section 4 (1) (b) of that Act.

(a) a property vegetation management plan under this Act, as in force before the commencement of the Vegetation Management and Other Legislation Amendment Act 2004 , section 3 ; or

(b) a property vegetation management plan as defined under the Vegetation Management Act .

(a) a purpose for which land may be taken under the Acquisition of Land Act 1967 ; or

(b) a community purpose; or

(c) a purpose stated in former schedule 1 .

(a) the State or another entity representing the State; or

(b) the Commonwealth or another entity representing the Commonwealth; or

(c) a local government; or

(d) a person authorised by law to provide a public utility service; or

(e) a person authorised under an Act to provide a particular public utility service;

Examples for paragraph (e)—

a special approval holder under the Electricity Act 1994 or a service provider for a registered service under the Water Supply (Safety and Reliability) Act 2008

(f) an entity approved by the Minister as suitable to provide infrastructure for use by another entity in the provision of a particular public utility service;

Example for paragraph (f)—

a relevant infrastructure owner as defined under the Water Supply (Safety and Reliability) Act 2008 whose infrastructure may be used by another entity authorised to supply a water or sewerage service under that Act

(g) a person approved by the Minister as suitable to provide a particular public utility service; or

(h) a mill owner, but only for the registration of a cane railway easement.

(a) action to return the land or thing to the condition it was in before the damage; or

(b) other appropriate action performed on the land or thing that is of the same, or a similar, value to the action mentioned in paragraph (a) .

(a) for chapter 8 , part 7 , division 2 , see section 495 ; or

(b) for chapter 8 , part 7 , division 2A , see section 503B .

(a) a reserve;

(b) a State forest;

(c) a timber reserve;

(d) any of the following under the Nature Conservation Act 1992 —

(i) a national park;

(ii) a national park (Aboriginal land);

(iii) a national park (Torres Strait Islander land);

(iv) a national park (Cape York Peninsula Aboriginal land);

(v) a conservation park;

(vi) a resources reserve;

(vii) a forest reserve.

(a) national parks (Aboriginal land);

(b) national parks (Torres Strait Islander land);

(c) national parks (Cape York Peninsula Aboriginal land);

(d) indigenous joint management areas.

(a) a lease issued over a reserve under section 15 (2) (b) ; or

(b) a special lease issued over a reserve under section 203 (b) of the repealed Act.

(a) for trust land—a sub-sublease; and

(b) for other land—any derivative under lease, including, for example, a sub-sub-sublease.

(a) land declared to be busway land under the Transport Infrastructure Act 1994 , chapter 9 ;

(b) land declared to be light rail land under the Transport Infrastructure Act 1994 , chapter 10 ;

(c) non-rail corridor land as defined under the Transport Infrastructure Act 1994 ;

(d) rail corridor land as defined under the Transport Infrastructure Act 1994 ;

(e) State toll road corridor land as defined under the Transport Infrastructure Act 1994 ;

(f) local government tollway corridor land as defined under the Transport Infrastructure Act 1994 .

(a) freehold land, or land contracted to be granted in fee simple by the State; or

(b) a road or a reserve, or a national park, conservation park, State forest or timber reserve; or

(c) subject to a lease, licence or permit issued by or for the State, other than a permit to occupy under this Act issued by the chief executive.

(a) a vegetation clearing offence under the Vegetation Management Act ; or

(b) a tree clearing offence under this Act, as in force immediately before the Vegetation Management and Other Legislation Amendment Act 2004 , section 3 .