Noosa Heads Lions Park Land Management Plan · Report

GENERAL COMMITTEE MEETING                                                            11 AUGUST 2026


Lion's Park for overflow parking for more than 20 years, from a land management perspective
overflow parking is not necessary for the function of the reserve, nor does it support activities on the
reserve itself.

Proposing and Managing an Inconsistent Use
Prior to the 2024 amendments to the Land Act, power to approve inconsistent uses sat with the
Minister. The amendments broadened the Trustee’s powers to consider and approve inconsistent
uses. The State Guideline for Managing Actions Consistent and Inconsistent with the Purpose of
Trust Land is included as Attachment 1.

The primary option available to Council to regularise the inconsistent use is to permit it under a Land
Management Plan (LMP), as provided for under section 52AB(2) of the Land Act, which says:
Despite section 52(2)(a), the trustee of the trust land may take an action under section 52(1) that is
inconsistent with the purpose for which the land is dedicated as a reserve or granted in trust if—
(a) the trustee has prepared a management plan for the land that states how the action would not—
   (i) diminish the purpose; or
   (ii) adversely affect the public interest; and
(b) the action complies with the management plan.

In other words, an LMP prepared by Council needs to demonstrate the proposed inconsistent use:
•   does not diminish the purpose of the reserve (the “diminishment of purpose test”); and
•   does not adversely affect the public interest (the “public interest test”).
The guide states an inconsistent use “could diminish a trust land’s purpose where its presence, scale
or activity would permanently overshadow or reduce the trust land’s ability to achieve its purpose”.

Relevant considerations to assess these subjective criteria might include:
•   The nature and extent of the inconsistent use, including:
     o   the proportion of the usable parts of the reserve utilised for the inconsistent use;
     o   the frequency of the inconsistent use; and
     o   the permanency of the inconsistent use.

•   The nature and extent of the interruptions to the permitted use – i.e. what recreation uses are
    being impeded and for how long (including any period needed to restore the land after the
    inconsistent use occurs);
•   How the public interest is served by the inconsistent use being carried out;
•   What alternatives Council has explored instead of the inconsistent use; and
•   The views of the community and relevant stakeholders.
It is important Council considers whether overflow parking is likely to meet the diminishment of
purpose and public interest tests prior to embarking on a full LMP process, as the inconsistent use
cannot be permitted under an LMP where it fails either test.

Indicative LMP Process, Timing and Costs
Council has flexibility in developing an LMP, however, a suitable process would likely involve the
following stages:
Stage 1 – Preliminary Assessment, Preparation and Scoping
Stage 2 – Internal Technical Assessment
Stage 3 – Draft LMP Preparation