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

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



Managing Actions Consistent and Inconsistent with the Purpose of Trust Land
Department of Natural Resources and Mines, Manufacturing and Regional and Rural Development
SLM/2024/6804, Version 1.01, 15/10/2025                                                       Page 2