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

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


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 4