Operational policy
Eligibility to hold land
Purpose
This policy provides guidance on eligibility to acquire and hold land under the Land Act 1994 (Land
Act).
This policy does not address eligibility for:
• A trustee of trust land, refer to Operational Policy - Creation of Trust Land (SLM/2013/479); or
• A public utility provider for a public utility easement, refer to Operational Policy - Easement
(SLM/2013/410).
Rationale
Land under the Land Act may only be held by a person which includes an incorporated body. An
unincorporated association does not constitute a person.
In addition to the specific provisions of eligibility, a person should also be appropriate to acquire or
hold land under the Land Act, particularly for the purpose for which the land is used. Some community
benefit may have also been afforded to the person.
Policy
Appropriate persons to hold land
Section 142 of the Land Act stipulates that a person is eligible to apply for, buy or hold land only if
they are an adult (aged 18 years or older).
Under section 322 of the Land Act, a lease, licence or sublease may only be transferred to a person
who is eligible to hold the lease, licence or sublease.
Examples of a person that would be appropriate to acquire or hold land for specific purposes, whether
through allocation (grant) or transfer, include -
• a lease for telecommunication purposes to provide for a commercial telecommunications
network should be held by a carrier e.g. Telstra, Optus, or a person authorised to undertake
property management for the telecommunications carrier e.g. Crown Castle. A carrier needs
to be licensed under Commonwealth legislation to provide these services.
• a lease to a sporting club or charity should be held by the particular club or charity. These
leases should not be held by an individual, or another body, as the leases have been issued
for the specific use and benefit of the club or charity who may also be afforded the community
benefits of the "concessional" rent provisions of the Land Act and the Land Regulation 2020
for sporting and charitable organisations.
SLM/2013/584
PUX/952/120
Version 2.03
12/08/2022
Eligibility to hold land
Department of Resources
SLM/2013/584, Version 2.03, 12/08/2022 Page 2
Associations
An association that desires to hold a lease, licence or permit to occupy, a sublease, trustee lease or
other secondary interest in land (e.g. an easement) must be incorporated.
A certified copy of the Certificate of Incorporation must be lodged with the department before any
interest in land will be granted.
Officers of the department administering the Land Act
When land is made available, section 143 of the Land Act states that an officer of the department
administering the Land Act is only eligible to acquire land with the Minister's approval.
If an officer has had direct influence on the reserve price or reserve cash premium, or the sale or
lease process for unallocated state land, a potential or apparent conflict of interest could occur.
Therefore, approval for an officer to acquire land may be given (by another officer with the required
delegation) except where the officer –
• has/had responsibility for the setting of conditions of sale, auction, or lease or otherwise for
disposal of the subject land; and
• is/was in a position of influence over the outcome of the process of disposal; or
• otherwise breaches the Code of Conduct of the department administering the Land Act in
relation to the disposal.
Legislation
Land Act 1994
Land Regulation 2020
Related documents
Operational Policy - Creation of Trust Land (SLM/2013/479 = PUX/901/207)
Operational Policy - Easement (SLM/2013/410 = PUX/901/527)
Approval
Position
Name
Date
Executive Director
Land and Native Title Services
Graham Nicholas
01/08/2018
Eligibility to hold land
Department of Resources
SLM/2013/584, Version 2.03, 12/08/2022 Page 3
Version history
Effective Date
Comments
19/08/2013
New DNRM template and inclusion of content from withdrawn
PUX/952/044
12/06/2014
Updated to include amendments due to LOLA 2014 effective
01/07/2014
22/06/2016
Updated to new DNRM template
01/08/2018
Updated to new DNRME template and minor content edited
12/08/2022
Updated to new template and the Department of Resources
Further information
• Contact your nearest business centre (https://www.resources.qld.gov.au), or
• Refer to https://www.qld.gov.au/environment/land/state, or
• Call 13 QGOV (13 74 68).
This publication has been compiled by Land Operations Support, Lands Policy and Support, Lands Division,
Department of Resources.
© State of Queensland, 2022
For more information on this licence, visit https://creativecommons.org/licenses/by/4.0/.
The information contained herein is subject to change without notice. The Queensland Government shall not be
liable for technical or other errors or omissions contained herein. The reader/user accepts all risks and
responsibility for losses, damages, costs and other consequences resulting directly or indirectly from using this
information.
Interpreter statement:
The Queensland Government is committed to providing accessible services to Queenslanders from all culturally
and linguistically diverse backgrounds. If you have difficulty in understanding this document, you can contact us
within Australia on 13QGOV (13 74 68) and we will arrange an interpreter to effectively communicate the report
to you.