Land trusts
Previously, land that had been granted or transferred was handed over to a land trust (a body corporate), which was established to hold the land in trust for the benefit of Aboriginal and Torres Strait Islander people in Queensland, who:
- have a particular connection with the land under Aboriginal tradition or Islander custom
- live on or use the land or neighboring land
- are members of a group that has a particular connection with the land under Aboriginal tradition or Island custom.
Under the recent amendments to the Aboriginal Land Act 1991 and Torres Strait Islander Land Act 1991, land will be granted to corporations registered under the Commonwealth Government’s Corporations (Aboriginal and Torres Strait Islander) Act 2006, rather than establishing new land trusts to hold land. The Office of the Registrar of Indigenous Corporations (ORIC) will administer these organisations.
Existing land trusts
All existing land trusts will continue to exist and function as usual, and be administered under the Queensland State Government’s Aboriginal Land Act 1991 or Torres Strait Islander Land Act 1991. These land trusts do have the option, however, of converting to a corporation.
Land trusts consist of trustees who manage it to ensure that it:
- has a constitution by which it functions
- has an executive committee with a chairperson and a corporate seal
- maintains appropriate records of decisions and transactions
- holds regular meetings in accordance with the Acts and its constitution
- provides compliance documents to the Chief Executive at the end of each financial year.
In addition, a land trust can:
- acquire, hold or dispose of real and personal property
- borrow, receive and spend money
- sue and be sued in its corporate name
- employ staff and engage consultants.
A land trust is subject to ordinary local and state government laws relating to development and land taxes. However, Aboriginal and Torres Strait Islander freehold land is exempt from general council rates levied by local governments, where the land is not being used for residential or commercial purposes.
- Land Trusts established under the Aboriginal Land Act 1991 and Torres Strait Islander Land Act 1991. (PDF, 492K)*
Meeting legislative requirements
DERM can help land trusts meet their legislative requirements and support their administrative functions, for example, it provides the Land trust capacity development training project.
Land trusts can use the following forms and templates to meet reporting requirements:
Required at the end of the financial year
- Land trust compliance statement (Word, 119K)‡
Land trust compliance statement (PDF, 36K)* - Record of Trustees (Word, 91K)‡
Record of Trustees (PDF, 30K)* - Land trust annual financial statement (Word, 120K)‡
Land trust annual financial statement (PDF, 38K)*
See the Land trust compliance guide (PDF, 50K)* for information on what forms the land trust is required to complete and instructions on how to fill these out.
General
- Trustee acceptance form (Word, 59K)‡—to add trustees to a land trust
Trustee acceptance form (PDF, 18K)* - Trustee resignation form (Word, 186K)‡—to remove trustees from a land trust
Trustee resignation form (PDF, 16K)* - Land trust information request form (Word, 91K)‡—to request information from the land trust register
Land trust information request form (PDF, 39K)* - Approval to transfer form (Word, 91K)‡—to dissolve and transfer land and assets to another land trust (s40ZD)
Approval to transfer form (PDF, 40K)* - Meeting attendance record (Word, 51K)‡—to record attendance at meetings
Meeting attendance record (PDF, 35K)* - Minutes template (Word, 86K)‡
Minutes template (PDF, 63K)* - Notice template (Word, 43K)‡
Notice template (PDF, 65K)* - Agenda template (Word, 65K)‡
Agenda template (PDF, 53K)*
Please note: the Word templates can be completed electroncially or in hardcopy. PDFs have been supplied for viewing purposes only.
Land trust register
The land trust register, which is managed by DERM, was established under the provisions of the Aboriginal Land Regulation in 1998 to maintain records of Indigenous land trusts established under the Act. Details on the register include:
- name of the land trust
- address for service of documents
- contact phone number
- names and addresses of all trustees
- description of the land held by the trust
- name and position of each member of the executive committee
- the land trust’s constitution
- copy of the financial statements and audit reports.
Accessing the register
Certain information (e.g. the land trust’s name, address for service of documents, contact phone number, or a description of the land held by the land trust can be obtained by filling out a Land trust register information request form (Word, 91K)‡ (Word template).
To access further information, it is necessary to provide DERM with written consent from the chairperson of the trust.
The address and phone numbers of all the trustees is confidential.
Leasing
By granting a lease, the land trust allows another party access to and the use of a parcel of land for an agreed purpose, period of time, price/rent and other terms and conditions.
A registered lease provides Indigenous people, government and commercial business operators with long-term security to commit to home ownership, developing a business and/or installing infrastructure. They also provide land trusts with a source of income and share the responsibility and expenses associated with land management.
Leases over transferred land may be granted to:
- an Aboriginal or Torres Strait Islander person for:
- private residential purposes for 99 years (without Ministerial consent)
- other purposes for less than 30 years (without Ministerial consent)
- other purposes for between 30 and 99 years (with Ministerial consent)
- commercial purposes between 30 and 99 years (with Ministerial consent).
- the State for:
- purposes under the Housing Act 2003 for up to 99 years (without Ministerial consent)
- residential accommodation purposes for public service employees for up to 99 years (without Ministerial consent)
- public infrastructure purposes for up to 99 years (without Ministerial consent)
- other purposes for less than 30 years (without Ministerial consent)
- other purposes for between 30 and 99 years (with Ministerial consent)
- commercial purposes for between 30 and 99 years (with Ministerial consent).
- another person for:
- other purposes for less than 10 years (without Ministerial consent)
- private residential purposes for less than 10 years to support a lease granted for commercial purposes (without Ministerial consent)
- other purposes for between 10 and 99 years (with Ministerial consent)
- private residential purposes for between 10 and 99 years to support a lease granted for commercial purposes (with Ministerial consent).
For more information regarding leases and their conditions, contact the Indigenous Land Trustee Support Service unit on free call 1800 067 615.
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‡ Requires Microsoft Office files viewer
Last reviewed 27 March 2012
Last updated 7 September 2011