Environment and Resource Management

Land for national parks

Environmental values are identified on a lease as part of the lease renewal process. The values are identified by gathering information about the lease, such as the type of regional ecosystems, location of rare and threatened plants and animals, and the placement of wildlife corridors.

This information is then assessed by a panel of experts to identify significant natural environmental values for inclusion within a land management agreement and as part of the process to determine if there are values suitable for a conservation agreement.

Occasionally, environmental values suitable for being in a national park are identified. These leases are referred to a senior executive committee to determine if they will be acquired for the protected area estate.

Leases identified for acquisition

When a lease is identified for acquisition, the leaseholder will be asked if they wish to sell the lease or renew the lease subject to a future conservation area reservation.

If the leaseholder elects to sell the lease then negotiations for sale will occur, with the sale price based on current market value of the lease.

If the leaseholder elects for a future conservation area then they can continue to use the lease in accordance with their land management agreement until the end of the renewed term and any extensions to that term.

During the term of the new lease the leaseholder may elect to sell or sublease the lease. At expiry, a further lease will not be issued over the future conservation area and compensation will be paid at the market value for the lawful improvements only.

The Department of Environment and Resource Management (DERM) will inform solicitors, agents and other external clients upon request about the state’s potential or actual interest in acquiring lease land for national parks once known.

Fact sheet—Delbessie Agreement — land for national parks (PDF, 74K)*

Questions and answers

How long will the lease renewal process take?

The overall process can be expected to take up to two years. 

What if I do not agree with the department’s land condition assessment?

When the department notifies a leaseholder about the condition of the lease land, the leaseholder will be advised whether they are eligible to apply for an internal review of the decision.

This is available where a lease is within 10 points in total (for the three relevant attributes) of the calibrated threshold for good condition. Otherwise the leaseholder will need to seek a review under the Judicial Review Act 1991. 

More information is contained in the departmental policy - Internal Review of Rural Leasehold Land Decisions - Notification No. PUX/952/112 (PDF)*  

Can I get the environmental values independently assessed?

Yes, and any relevant reports provided by the leaseholder will be examined to determine if a changed outcome is required.  

What happens when DERM is interested in purchasing my lease?

A senior departmental officer will contact you to discuss the following options:

  1. If you wish to sell, the government will purchase all or part of your lease at present market value. 
  2. If you wish to retain your lease, it will be renewed with a future conservation area over all or part of the lease. A future conservation area means that you can continue to use the lease in accordance with your land management agreement, until the expiry of your lease including any extension to the term that you may be eligible for under the Delbessie Agreement.  During the term of the new lease you can sell or sublease the lease. Upon expiry, the lease will not be renewed but will be converted to a national park and you will be paid compensation for any lawful improvements.

What if I do not want to sell my lease?

A future conservation area reservation (FCA) will be placed on the lease and at the end of the lease term the land will convert to a national park. The leaseholder will be paid compensation at the market value for any legal improvements. During the term of the new lease the leaseholder can elect to sell or sublease the lease. 

How is the purchase price determined?

The purchase price is based on the value that would reasonably be expected if placed on the open market. DERM generally obtains valuations from independent valuers to determine the market value. 

My property is run as an aggregation in conjunction with another. Will the department make an offer on that holding also?

An offer will be made only if it is required for the protected area estate.  Each case will need to be assessed on its individual merits. 

What if the proposed acquisition adversely impacts the viability of my grazing enterprise?

The money paid to the leaseholder from the purchase of the lease can be used by the lessee to purchase other land for grazing. 

How long will an offer to purchase a lease apply for?

The letter of offer will state how long the offer applies.  

Can I change my mind if I want to sell after my lease has been renewed?

Yes, but it will depend on whether funds are available and other acquisition priorities. 

If I wish to sell my lease, how do I check if DERM is able to purchase it?

If you are interested in selling your lease and it has a FCA, email: propertysearch@derm.qld.gov.au. 

What is a future conservation area?

An FCA identifies that the lease or part of the lease has significant environmental value that is worthy of permanent protection as part of the protected area estate. The FCA is recorded on the title and at the expiry of the current lease term and any extensions, the lease cannot be renewed and the FCA area converts to a national park.

Can I sell the property to other third partied while there is a future conservation area on the lease?

Yes.

What is the difference between an environmental assessment and a land condition assessment?

The environmental assessment considers the values of the lease from a biodiversity conservation perspective and identifies:

The land condition assessment considers the values of the lease from a sustainability perspective using the following attributes:

What are the determining factors for DERM to have an interest in a lease as a national park?

The following factors are taken into consideration when DERM is considering a lease as a national park:

Can I still get an extension to my lease term if a future conservation area is placed over it?

Yes. The outcome of the land condition assessment along with other considerations such as an Indigenous access and use agreement and/or a nature refuge agreement will determine the final length of the lease term and any extensions offered.

Where can I get more information?

For more information, contact the department on 13 QGOV (13 74 68).

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Last updated 9 December 2011

Delbessie Agreement

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