sec.16Deciding appropriate tenure

### sec.16 Deciding appropriate tenure Before land is allocated under this Act, the chief executive must evaluate the land to assess the most appropriate tenure for the land. When conducting the evaluation, the chief executive must— take account of the object of this Act; and take account of State, regional and local planning strategies and policies, including, for example, planning instruments under the Planning Act that apply to the land; and take account of commitments of, and undertakings given by, the State in relation to the land; and to the extent the land is in a priority development area—take account of, and give primary consideration to, any relevant development instrument under the Economic Development Act 2012 that applies to the land; and to the extent the land is Cape York agreement land—take account of commitments and undertakings given by a person under, or arising from, a Cape York agreement that have effect in relation to tenure. The chief executive may comply with subsection (1) by using, as the evaluation, an earlier assessment of the most appropriate tenure for the land if— the assessment was conducted by or for the State; and the chief executive is satisfied the assessment takes account of the matters mentioned in subsection (2) . This section does not apply to— a grant of rail land in fee simple to the State; or the dedication of unallocated State land as a reserve. In this section— Cape York agreement means— the Cape York Peninsula Land Use Heads of Agreement made on 5 February 1996; or the agreement made on 17 September 2001, headed ‘Deed of Endorsement Cape York Land Use Heads of Agreement’. Cape York agreement land means unallocated State land to which a Cape York agreement applies. s 16 amd 2005 No. 8 s 86 ; 2007 No. 41 s 231 ; 2007 No. 19 s 14 ; 2012 No. 43 s 221 sch 1 ; 2019 No. 17 s 39 ; 2024 No. 12 s 16 (sec.16-ssec.1) Before land is allocated under this Act, the chief executive must evaluate the land to assess the most appropriate tenure for the land. (sec.16-ssec.2) When conducting the evaluation, the chief executive must— take account of the object of this Act; and take account of State, regional and local planning strategies and policies, including, for example, planning instruments under the Planning Act that apply to the land; and take account of commitments of, and undertakings given by, the State in relation to the land; and to the extent the land is in a priority development area—take account of, and give primary consideration to, any relevant development instrument under the Economic Development Act 2012 that applies to the land; and to the extent the land is Cape York agreement land—take account of commitments and undertakings given by a person under, or arising from, a Cape York agreement that have effect in relation to tenure. (sec.16-ssec.3) The chief executive may comply with subsection (1) by using, as the evaluation, an earlier assessment of the most appropriate tenure for the land if— the assessment was conducted by or for the State; and the chief executive is satisfied the assessment takes account of the matters mentioned in subsection (2) . (sec.16-ssec.4) This section does not apply to— a grant of rail land in fee simple to the State; or the dedication of unallocated State land as a reserve. (sec.16-ssec.5) In this section— Cape York agreement means— the Cape York Peninsula Land Use Heads of Agreement made on 5 February 1996; or the agreement made on 17 September 2001, headed ‘Deed of Endorsement Cape York Land Use Heads of Agreement’. Cape York agreement land means unallocated State land to which a Cape York agreement applies. - (a) take account of the object of this Act; and - (b) take account of State, regional and local planning strategies and policies, including, for example, planning instruments under the Planning Act that apply to the land; and - (c) take account of commitments of, and undertakings given by, the State in relation to the land; and - (d) to the extent the land is in a priority development area—take account of, and give primary consideration to, any relevant development instrument under the Economic Development Act 2012 that applies to the land; and - (e) to the extent the land is Cape York agreement land—take account of commitments and undertakings given by a person under, or arising from, a Cape York agreement that have effect in relation to tenure. - (a) the assessment was conducted by or for the State; and - (b) the chief executive is satisfied the assessment takes account of the matters mentioned in subsection (2) . - (a) a grant of rail land in fee simple to the State; or - (b) the dedication of unallocated State land as a reserve. - (a) the Cape York Peninsula Land Use Heads of Agreement made on 5 February 1996; or - (b) the agreement made on 17 September 2001, headed ‘Deed of Endorsement Cape York Land Use Heads of Agreement’.