- Setting aside land for the community
- Who looks after trust land?
- What can I do on trust land?
- How do I get information about trust land?
- More information
Setting aside land for the community
Over 22,000 parcels of land throughout Queensland have been set aside under the Land Act 1994 for a particular public or community purpose. They may be reserves or deeds of grant in trust, and are collectively referred to as 'trust land.'
Land can be set aside for:
- parks and gardens
- open space
- sport and recreation.
Many recreation facilities and parks and gardens, such as ANZAC Park in Brisbane City, are on land that has been set aside by the state for community purposes.
For more information, see the Land Act 1994.
Who looks after trust land?
For day-to-day management, trust land is generally in the care of trustees. These are often the local government, but can also be groups such as a showgrounds trust or an incorporated sporting association. Trustees are responsibile for managing the land subject to the provisions of the Land Act 1994.
The trustees are the owners of the land for the purposes of legal proceedings, so they can sue and be sued, and take action to remove trespassers or to protect property under their control. However, they may not sell or transfer the land. As they are, in effect, managing the land for the people of Queensland, they are obliged under the Act to keep proper books and accounts.
Permission is required from the department before a trust can be revoked or cancelled, and there must be a good reason for this (e.g. equally good local land made available elsewhere for a reserve). Native title may continue to exist on trust land, so no change can take place other than in accordance with state and federal native title laws.
What can I do on trust land?
A member of the public has the right to use trust land for the purpose for which it was set aside. However, the precise details of this use are governed by laws (by-laws or local laws) made by the trustees. For example, by-laws may prohibit playing golf on a reserve in the interests of the safety of people using it for walking.
Where the trustee is the local government, activities on the land are governed by local laws made by that government, so contact them if you have any questions about what laws apply.
Trustees other than a local government may adopt model by-laws. For a copy of the by-laws that apply to a reserve or deed of grant in trust, contact the trustees.
A trustee may also lease some or all of the land, or permit it to be occupied, and the State may lease a reserve or issue a permit over a reserve. This gives the lessee certain rights (e.g. though a member of the public may have the right to walk their dog on leased trust land, they do not have the right to enter a building constructed on that land).
Any lease must be consistent with, or must not diminish the purpose of the reserve. Generally, rent obtained from a trustee lease must be used to maintain or enhance the trust land.
How do I get information about trust land?
For more information on reserves and deeds of grant in trust, contact the nearest business centre. For information about specific reserves or deeds of grant in trust, contact the trustees.
Last reviewed 11 September 2012
Last updated 16 April 2010