QLDIn ForceAct
Land Act 1994
sec.35Use of land granted in trust
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### sec.35 Use of land granted in trust
The way land granted in trust by the Governor in Council is used must not be inconsistent with—
a purpose for which it was granted; or
See section 14 (2) for the power of the Governor in Council to grant land in fee simple in trust.
an additional purpose notified under subsection (2) .
The Governor in Council may, by gazette notice, notify an additional purpose for land granted in trust.
However, the additional purpose must be—
a community purpose; or
a purpose that is the provision of services beneficial to Aboriginal people particularly concerned with the land; or
a purpose that is the provision of services beneficial to Torres Strait Islanders particularly concerned with the land.
The Governor in Council may notify an additional purpose without receiving an application under section 38A (1) (a) .
An additional purpose for land granted in trust is registered by registering an adjustment notice.
The adjustment notice under subsection (5) must state—
the particulars of the gazette notice under subsection (2) ; and
the additional purpose for the deed of grant in trust.
The additional purpose for land granted in trust takes effect on the day the adjustment notice is registered.
s 35 sub 1997 No. 78 s 36
amd 2007 No. 19 s 26 ; 2009 No. 5 s 27 ; 2013 No. 23 s 352 sch 1 pt 1; 2024 No. 12 s 30
(sec.35-ssec.1) The way land granted in trust by the Governor in Council is used must not be inconsistent with— a purpose for which it was granted; or See section 14 (2) for the power of the Governor in Council to grant land in fee simple in trust. an additional purpose notified under subsection (2) .
(sec.35-ssec.2) The Governor in Council may, by gazette notice, notify an additional purpose for land granted in trust.
(sec.35-ssec.3) However, the additional purpose must be— a community purpose; or a purpose that is the provision of services beneficial to Aboriginal people particularly concerned with the land; or a purpose that is the provision of services beneficial to Torres Strait Islanders particularly concerned with the land.
(sec.35-ssec.4) The Governor in Council may notify an additional purpose without receiving an application under section 38A (1) (a) .
(sec.35-ssec.5) An additional purpose for land granted in trust is registered by registering an adjustment notice.
(sec.35-ssec.6) The adjustment notice under subsection (5) must state— the particulars of the gazette notice under subsection (2) ; and the additional purpose for the deed of grant in trust.
(sec.35-ssec.7) The additional purpose for land granted in trust takes effect on the day the adjustment notice is registered.
- (a) a purpose for which it was granted; or Note— See section 14 (2) for the power of the Governor in Council to grant land in fee simple in trust.
- (b) an additional purpose notified under subsection (2) .
- (a) a community purpose; or
- (b) a purpose that is the provision of services beneficial to Aboriginal people particularly concerned with the land; or
- (c) a purpose that is the provision of services beneficial to Torres Strait Islanders particularly concerned with the land.
- (a) the particulars of the gazette notice under subsection (2) ; and
- (b) the additional purpose for the deed of grant in trust.