Noosa Heads Lions Park Land Management Plan · Attachment 1 - Guideline for Managing Actions Consistent and Inconsistent With the Purpose of Trust Land

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land without the Minister’s involvement. Trustees can take all action necessary to manage and
maintain trust land consistent with:

       the purpose for which the land is dedicated as a reserve or granted in trust;

       the Act; and

       any conditions of appointment of the trustee.

State and statutory body trustees can also take actions and grant trustee leases that are
inconsistent with the purpose of the trust land without needing to seek the Minister’s approval,
where it would not diminish the purpose of the trust land and would not adversely affect the
public interest where provided for in a management plan. This enables local governments
greater flexibility to manage trust land effectively for their communities.
The community purpose categories (Schedule 1 of the Act) also allow for a wide range of
potentially consistent activities on certain trust lands, providing more opportunities for local
government as trustee to diversify activities and engage users.

Trustees are responsible for ensuring their actions (including granting trustee leases and
trustee permits) are consistent with the Native Title framework and for satisfying the
requirements of section 28 of the Act.


Guideline

Consistent vs inconsistent with the purpose
An action, trustee lease or trustee permit is likely to be consistent with the purpose of the trust
land if it aligns with the achievement of the land’s purpose. Local government trustees do not
need to prepare a management plan in these instances. Consider if:
       the proposal is necessary to practically achieve or deliver the trust land’s purpose, or
       a reasonable person could expect it to occur as part of achieving the land’s purpose.

On the other hand, an action, trustee lease or trustee permit is likely to be inconsistent with
the purpose of the trust land if it would not lead to achievement of the land’s purpose. It may
contradict, inhibit or appear incongruous with the purpose, or otherwise not be consistent.
Consider if:
       a reasonable person would find its presence out of place or jarring with the land’s
        purpose,
       it would threaten the achievement of the purpose of the land or would require adequate
        management action to reduce the risk to the purpose, or
       it would otherwise not be considered consistent.

Some proposals may be clear to a trustee as being consistent or inconsistent, however it is a
subjective test requiring the local government trustee to use discretion.

Trustees are encouraged to use the ordinary meanings of purposes in determining consistency.
Trustees can consider the action or interest’s consistency with an existing land management



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plan if available. If the trustee is unsure, there is no issue in treating an action or interest as
inconsistent.

My trust land has a prescribed former schedule 1 purpose or a transitioned purpose –
which purpose do I consider for determining consistency?

Under sections 555 to 560 of the Act, certain trust land purposes are “taken to be” a
corresponding community purpose for dealings under the Land Act 1994. These community
purposes are designed to be broader and more flexible. In these instances, trustees consider
consistency of the proposal with the trust land’s relevant community purpose, not the purpose
on title. However, a native title assessment must always be based on the purpose on title. For
further information refer to https://www.qld.gov.au/environment/land/state/trust-
land/community.
Can something consistent with the community’s aspirations but inconsistent with the
purpose of the trust land meet the consistency test?

No, but the trustee can prepare a management plan to manage the impact of the inconsistent
action or interest.

If the land’s purpose no longer reflects the community’s needs, or the trustee believes a new
purpose would deliver benefits more effectively, trustees can apply to the Department of
Natural Resources and Mines, Manufacturing and Regional and Rural Development to add or
change a community purpose.


When a proposed action, lease or permit is inconsistent
A trustee may find a proposed action, trustee lease or trustee permit is inconsistent with the
purpose of the trust land and will need to prepare a management plan to undertake it. In
doing so the trustee will consider how or whether an action or lease would diminish the
purpose of the trust land or adversely affect the public interest. Diminishing the purpose is
also relevant to address when preparing a management plan for inconsistent permits.

Trustees have flexibility in the form, content and level of detail provided in a management plan
or to amend existing management plans.

The management plan needs to include the following to meet the minimum requirements of
the Act (see sections 52AB, 57(6), 60(3) and 64(3) of the Act as relevant):
       Clearly identifies any inconsistent action, trustee lease or trustee permit subject to the
        management plan.

       For an inconsistent trustee permit, identifies the potential impacts of the trustee permit
        being inconsistent with the purpose of the trust land.

       States how the inconsistent action, trustee lease or trustee permit would not diminish
        the purpose of the trust land.

       For an inconsistent action or trustee lease, states how the action or trustee lease would
        not adversely affect the public interest.


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The action, trustee lease or trustee permit also needs to comply with this management plan.

What does “diminish the purpose” mean?
An action, trustee lease or trustee permit 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. Consider the following:
       What are the potential impacts of the action or interest due to being inconsistent with
        the trust land’s purpose? Can these be mitigated through management actions,
        lease/permit conditions or other approval processes (e.g. development approval)?

       Will this action or interest change the nature and use of the land in such a way that an
        ordinary person would no longer recognise the trust land for its purpose?

       Will this action or interest reduce the ability to use the trust land for its purpose in the
        future?

These considerations can be translated into the management plan and should be adequate to
demonstrate that any impact the action or interest poses to the land’s purpose can be suitably
managed.

An individual action or interest may be inconsistent with the land’s purpose, but with adequate
management can contribute to facilitating or enhancing the purpose of the trust land such as
by diversifying the capacity, experiences or services for existing and new users of the land
and/or generating revenue for the land’s ongoing management.

If no amount of management action can avoid diminishing the purpose of the trust land, it is
unlikely to satisfy the Act requirements.

What does “adversely affect the public interest” mean?
The public interest is a high-level concept that considers the common well-being and interests
of the community.

Whether the public interest will be adversely impacted can be identified by the trustee through
a practical consideration of:

       the scale and nature of the impacts from the proposed action or trustee lease,

       management action or controls proposed in response to impacts,

       the community’s views and values, and

       the inherent nature of the land (e.g. the uniqueness and values of the land).

The trustee may have gathered some of this information through other processes.

The public interest is a broad concept and the Act includes the cultural, economic, environmental,
heritage, land protection, planning, recreational, social and strategic interests of the public in its
definition. These factors can help inform the trustee in identifying matters but are not
exhaustive. Trustees should not feel compelled to catalogue all real and potential interests of


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the public in the land but consider those that become relevant to and adversely impacted
directly by the proposal.

It is up to the trustee to adequately consider both the public interest and whether the proposed
action or trustee lease will adversely impact the public interest, including whether consultation
with land users, stakeholders or the broader community is needed for the nature of the
proposal and the form any consultation would take.

If the action or lease cannot manage or avoid adverse impacts on the public interest, it is
unlikely that it would satisfy the Act requirements.


Approvals
Do I need to submit my management plan for approval?

Management plans prepared by a local government trustee for inconsistent actions and
inconsistent trustee leases that are consistent with the Act requirements, do not require
approval from the Department of Natural Resources and Mines, Manufacturing and Regional
and Rural Development or the Minister. See sections 52AB, 57(6) and 64(3) of the Act.

Local government trustees only need approval for a management plan under section 48 of the
Act:
          Before issuing an inconsistent trustee permit, or

          Where the Chief Executive has requested the trustee apply for approval of a
           management plan under this section.

Is the Minister’s approval required for any State or statutory body trustee actions or
trustee leases?

Where actions or trustee leases meet the requirements of the Act and Regulation, Ministerial
approval is not required unless specified (e.g. where a trustee lease is required in an
operational DOGIT for more than 30 years and meets section 61(2)). Inconsistent permits
require approval from the department of the management plan as described above.

Does this process affect requirements under other Acts for actions, leasing, permits or
subsequent development?

No, this does not remove or reduce a trustee's obligations under any other Act or other sections
of the Land Act. This includes Native Title, Human Rights, obtaining development or building
approvals, environmental authorities, liquor and gaming licences, and other local and state
permits and authorisations.

Actions, including leasing and permits, taken by a trustee of trust land must be consistent with
the Native Title Act 1993 (Cwlth) and the Native Title (Queensland) Act 1993. The trustee is
responsible for assessing and addressing native title matters prior to taking an action, including
granting trustee leases or permits. Native title is assessed on the purpose of the trust land
shown on the title itself, not any corresponding community purpose under transitional
arrangements in the Land Act 1994.



Managing Actions Consistent and Inconsistent with the Purpose of Trust Land
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Human Rights
The department is committed to respecting, protecting and promoting human rights. Under the
Human Rights Act 2019, the department has an obligation to act and make decisions in a way
that is compatible with human rights and, when making a decision, to give proper consideration
to human rights. To the extent an act or decision under this document may engage human
rights under the Human Rights Act 2019, regard will be had to that Act in undertaking the act or
making the decision.


Approval
                        Position                                            Name                       Effective Date

 Director                                                     Simon Hausler                           24 April 2024


Version history
    Version              Date                                             Comments

 1.00                24/04/2024          Document created

 1.01                15/10/2025          Updated template and department name to Department of
                                         Natural Resources and Mines, Manufacturing and Regional and
                                         Rural Development


Further information
       Contact your nearest business centre
        https://www.nrmmrrd.qld.gov.au/contact-us#state-land, 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 Natural Resources and Mines, Manufacturing, and Regional and Rural Development

    © State of Queensland, 2025

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Managing Actions Consistent and Inconsistent with the Purpose of Trust Land
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