Fact sheet L128 Easement over State Land by rps19132


									Easement over State land
This fact sheet explains how to apply for an easement
over State land, and how the Department of Environment       Application considerations
and Resource Management (DERM) assesses                      When assessing your application against the
applications under the Land Act 1994.                        requirements of the Land Act, DERM will also:

When to apply                                                • use relevant DERM policies, procedures and
The Minister's written approval is required for an
easement to be created over:                                 • seek the views of stakeholders (e.g. other state
                                                               government agencies and local government
• unallocated State land                                       authorities)
• reserve land                                               • consider native title issues.
• Deed of Grant in Trust                                     A DERM officer may also inspect the land.
• State leases or occupation licences.                       It is important that applicants read DERM's
                                                             PUX/901/527—easement policy available from the
In addition to the Minister's written approval, DERM will    website <www.derm.qld.gov.au>
need to sign the easement document for the State as
owner of unallocated State land or reserve land.             DERM does not support access easements:
An easement may also be created over a State forest,         • over reserve land for recreation purposes or other
but only for electricity purposes.                             reserve land used by the public where safety may be
An easement cannot be created over a road, including a
road licence.                                                • that provide additional access to private land that
                                                               already has dedicated access.
An owner of land (grantor) may grant an easement to
another owner of land or public utility provider (grantee)   In some instances amendment to the terms and
for a specific purpose (e.g. access, drainage, sewerage,     conditions of the easement document may be required by
supply of water or gas).                                     DERM.
                                                             For the purposes of granting an easement over
How to apply                                                 unallocated State land or reserve land, DERM will assess
For an easement over State land, you must submit:            whether consideration is payable to the State.

• Part A Contact and Land Details form LA00 and Part         Native title
  B Application for an easement over State land form
  LA11, with both parts A and B completed                    As part of the assessment process, DERM will undertake
                                                             a native title assessment to determine if, and how, native
• the prescribed application fee (if applicable)             title may need to be addressed.
• additional attachments as requested.                       Depending on the outcome, the applicant may be
You can submit an application at any DERM business           required to satisfactorily address native title issues
centre, however, it is preferable to do so at the one        associated with the proposed easement.
nearest the property involved, where staff can also
advise you of the correct application fee.                   Notice of the decision
The form must be completed accurately otherwise it will      When DERM has investigated all issues, including native
be returned to you for completion, which will delay the      title, it will give applicants written notice of the decision.
process. If you have any queries, discuss your
application with DERM staff before lodgement,
For a list of DERM business centres, visit DERM's
website <www.derm.qld.gov.au> or contact the
department on 13 13 04.
The Minister's approval will not be given to creating the
easement until any required amendments to the terms
and conditions of the document have been made and the
updated easement document is signed by all parties and
submitted to DERM with a:
• plan of survey, if required
• payment of consideration to DERM, if required.

Issue of approval for an easement
The Minister's approval for easements will be provided to
the applicant on a Queensland Land Registry Form 18—
general consent.
To be valid, an easement over State land must be
registered in the Queensland Land Registry.

Further information
For more information on easements, contact a DERM
business centre or visit DERM's website
                                               June 2010


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