Form LA30 Part C "Statement in Relation to an Application Under the Land Act 1994 Over State Land" - Queensland, Australia

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Department of Resources
You can now lodge your application online via
Part A Contact and Land Details and by July
2023 you will able to apply for all State Land Act
applications online.
Part C – Form LA30
Statement in relation to an application under the Land Act 1994
over State land
Requirements
1.
Part C Form LA30 is to be used to support the following applications under the Land Act 1994 (Land Act):
Part A – Form LA00 –
Contact and Land Details
Part B - Form LA03:
Permit to Occupy application
Part B – Form LA10:
Purchase or Lease State Land Application
Part B - Form LA18:
Road Closure application
Part B - Form LA20:
Simultaneous Road Opening and Closure
application.
2.
Please refer to the
Department of Resources website
at <https://www.resources.qld.gov.au/land-water> (go to Forms
and search ‘State Land Forms’) for the relevant Part B form for specific application requirements or by contacting
a
regional
department's business office
or call 13 QGOV 13 74 68.
Important information
3.
Notice of your application must be first provided to the road manager (if application is over a road) or trustee of the
reserve (if application is over a reserve) to determine the impacts of your application.
4.
Road Manager is –
the local government for a road that is under the control of the local government; or
for a State controlled road – the chief executive of the Queensland Government agency administering the
visit the
Department of Transport and Main Roads
website at
Transport Infrastructure Act 1994
<https://www.tmr.qld.gov.au>.
5.
Section 68 of the
<https://www.legislation.qld.gov.au/>
and section 74 of the
Local Government Act 2009
City of
requires notice of any proposed closure or opening be provided to the local government. The local
Brisbane Act 2010
government must fully state it’s reasons for its decision, which this department will consider.
6.
The local government may have a specific local law for administering the use of local roads and reserves.
7.
Contact the relevant local government for authorisation of the proposed use on a local road. If the local government
can authorise the proposed use over a local road under a specific local law for administering the use of local roads, an
application for a permit to occupy or road closure is not required by this department..
8.
Contact Department of Transport and Main Roads for authorisation of the proposed use on a State controlled road. If
the State government department administering state-controlled roads can authorise the proposed use on a state
controlled road under TIA, an application for permit to occupy or road closure is NOT required by this department.
9.
The local government and Department of Transport and Main Roads have the powers to authorise various uses on
roads, however neither agency is able to permanently close the dedicated road and allocate the land for another use.
10. For secondary uses over a reserve, a trustee lease or trustee permit is the preferred tenure. Contact the trustee of the
reserve to discuss these options. An application for tenure over a reserve (lease or permit to occupy) must include the
support of the reserve trustee and the trustee MUST provide additional comments stating why a trustee lease or
trustee permit is not supported.
11. This Part C- Form LA30 is not just to approve the making of an application but is the sole opportunity for the road
manager or reserve trustee to either support or not support the application.
LA30
2022/01
Page 1 of 4
© The State of Queensland (Department of Resources)
Department of Resources
You can now lodge your application online via
Part A Contact and Land Details and by July
2023 you will able to apply for all State Land Act
applications online.
Part C – Form LA30
Statement in relation to an application under the Land Act 1994
over State land
Requirements
1.
Part C Form LA30 is to be used to support the following applications under the Land Act 1994 (Land Act):
Part A – Form LA00 –
Contact and Land Details
Part B - Form LA03:
Permit to Occupy application
Part B – Form LA10:
Purchase or Lease State Land Application
Part B - Form LA18:
Road Closure application
Part B - Form LA20:
Simultaneous Road Opening and Closure
application.
2.
Please refer to the
Department of Resources website
at <https://www.resources.qld.gov.au/land-water> (go to Forms
and search ‘State Land Forms’) for the relevant Part B form for specific application requirements or by contacting
a
regional
department's business office
or call 13 QGOV 13 74 68.
Important information
3.
Notice of your application must be first provided to the road manager (if application is over a road) or trustee of the
reserve (if application is over a reserve) to determine the impacts of your application.
4.
Road Manager is –
the local government for a road that is under the control of the local government; or
for a State controlled road – the chief executive of the Queensland Government agency administering the
visit the
Department of Transport and Main Roads
website at
Transport Infrastructure Act 1994
<https://www.tmr.qld.gov.au>.
5.
Section 68 of the
<https://www.legislation.qld.gov.au/>
and section 74 of the
Local Government Act 2009
City of
requires notice of any proposed closure or opening be provided to the local government. The local
Brisbane Act 2010
government must fully state it’s reasons for its decision, which this department will consider.
6.
The local government may have a specific local law for administering the use of local roads and reserves.
7.
Contact the relevant local government for authorisation of the proposed use on a local road. If the local government
can authorise the proposed use over a local road under a specific local law for administering the use of local roads, an
application for a permit to occupy or road closure is not required by this department..
8.
Contact Department of Transport and Main Roads for authorisation of the proposed use on a State controlled road. If
the State government department administering state-controlled roads can authorise the proposed use on a state
controlled road under TIA, an application for permit to occupy or road closure is NOT required by this department.
9.
The local government and Department of Transport and Main Roads have the powers to authorise various uses on
roads, however neither agency is able to permanently close the dedicated road and allocate the land for another use.
10. For secondary uses over a reserve, a trustee lease or trustee permit is the preferred tenure. Contact the trustee of the
reserve to discuss these options. An application for tenure over a reserve (lease or permit to occupy) must include the
support of the reserve trustee and the trustee MUST provide additional comments stating why a trustee lease or
trustee permit is not supported.
11. This Part C- Form LA30 is not just to approve the making of an application but is the sole opportunity for the road
manager or reserve trustee to either support or not support the application.
LA30
2022/01
Page 1 of 4
© The State of Queensland (Department of Resources)
12. This form must be supported by a drawing (minimum size A4) which includes the following information:
specific location
area of land under application
Lot on Plan information
Scale
Dimensions
a north point.
13. This form must be lodged with the application, including Part A Form LA00:
Contact and Land Details
and the
relevant Part B form, within three (3) months of the authorisation by the road manager or trustee of the reserve.
14. Information on this form, and any attachments, is being collected to process and assess your application under the
Land Act 1994
<https://www.legislation.qld.gov.au/>. The consideration of your application may involve consultation,
and if so details of your application may be disclosed to third parties. They will not be otherwise disclosed outside the
department unless required or authorised by law.
LA30
2022/01
Page 2 of 4
© The State of Queensland (Department of Resources)
I/We
, as
Please tick relevant fields –
Road Manager; or
Trustee of a reserve issued under the Land Act 1994.
Have considered information from the applicant including:
Completed copy of the application form, namely Part A and Part B – Application under the Land Act 1994
Copy of drawing referred to as
(copy attached, endorsed by the road manager or trustee)
and advise the Department of Resources that use of the land as proposed:
Will be authorised by the road manager or trustee of the reserve land and advise that no further contact with
Department of Resources is needed at this time. A formal application to the road manager or reserve trustee will be
required.
Is unable to be authorised by the road manager or trustee of the reserve and the application is not supported for the
reasons detailed in the additional comments.
Is unable to be authorised by the road manager or trustee of the reserve, and requests Department of Resources to
consider an application under the
Land Act 1994
(noting additional comments below including advising why the proposed
use can’t be authorised by the road manager or reserve trustee).
LA30
2022/01
Page 3 of 4
© The State of Queensland (Department of Resources)
Additional Comments
Provide information or requirements that you believe should be considered when assessing this application.
(If there is insufficient space, please lodge as an attachment)
Note – a different form of tenure may be considered a more appropriate tenure once the application has been assessed.
Authorisation
I certify that I have the authorisation to make this statement and the information I have provided is true and accurate.
I have signed a copy of the attached drawing provided by the applicant in relation to this application.
Full name and position of person making this
Signature
declaration on behalf of the road manager or trustee
/
/
Date:
This information will not otherwise be disclosed outside of the department unless required or authorised by law as under the
Right to
Information Act
2009.
Clears the form
LA30
2022/01
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© The State of Queensland (Department of Resources)
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