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

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
Department of Natural Resources and Mines, Manufacturing and Regional and Rural Development
SLM/2024/6804, Version 1.01, 15/10/2025                                                         Page 5