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

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.


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 3