Freehold title information for trustees and local government Guide
The information in this guide is provided to help trustees manage the freehold consultation and allocation processes.
Please read the freehold title community information for general information about the freehold option.
We are currently testing the freehold legislation in selected communities through a pilot project. This pilot will help us assess the needs of trustees and other stakeholders. We will be developing a series of templates and other resources to help trustees implement the freehold option in their community.
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Freehold instrument
Before you can allocate freehold land, your community will need a freehold instrument.
A freehold instrument comprises 2 documents: the freehold schedule and the freehold policy. The freehold instrument must be approved by the Queensland Government and then attached to the local planning scheme.
Freehold schedule
The freehold schedule sets out what land will be made available for freehold in the community (known as ‘available land’). The freehold schedule could take the form of a map identifying the available freehold land.
Freehold can only be granted for land that is included in the freehold schedule, so it’s important to identify all land you want to make available. If your community wants some areas to remain as communal land, make sure you don’t include that land in the schedule.
You have the choice of preparing your own freehold schedule or using a model freehold schedule.
Model freehold schedule
The purpose of using a ‘model’ freehold schedule is to speed up the process for allocating freehold land to existing interest holders (e.g. leaseholders or social housing tenants).
If you decide to use a model freehold schedule, it can only include land over which there is an existing interest as of 1 January 2015. You are allowed to exclude certain areas if you want, but you can’t include any other type of land.
The department can help you put together a model freehold schedule for your community by supplying you with data and a map. Contact us for more information.
Note: You cannot use the model freehold schedule if you are using an open allocation process.
Freehold policy
The freehold policy is a document that will help you implement the freehold schedule. You must use the approved Form 1 -Freehold policy template and include:
- any additional eligibility criteria
- the allocation process and allocation method
- the sale price and costs
- how the community will be consulted about the allocation process
- how the trustee will deal with interests in the land before it is allocated.
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Consultation and approval of freehold instrument
Before you can offer freehold, you must consult the community and have government approval for the freehold instrument. Use this process:
- Consult with the community and the native title holders about making freehold available.
- Consult the community about the information to be included in the freehold instrument.
- Ask the local government to run a notification and consultation process on the proposed freehold instrument. This step is not required if you adopt a model instrument.
- Seek Queensland Government approval of the freehold instrument. We will be providing templates later this year to help you do this.
- When approved, ask the local government to attach the instrument to the planning scheme.
- Begin the allocation process for interest holders or the open allocation process, as set out in the freehold policy.
Local government guidelines
The local government notification guideline has information about how the local government should consult on a freehold instrument (step 3 above).
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Freehold allocation process – interest holders
If there is a leaseholder or social housing tenant over available land, they can apply to be allocated freehold over that land provided they are an eligible person. Use this guide to allocate freehold land for existing interest holders.
Interest holders must apply for freehold using one of these approved forms:
- Form 2 - Application for freehold by eligible interest holders (Aboriginal land)
- Form 2 - Application for freehold by eligible interest holders (Torres Strait Islander land)
Set the purchase price for a social housing dwelling
If there is a social housing dwelling on the land, the Department of Housing and Public Works must first approve the dwelling’s sale. If approved, the department and the trustee set a purchase price for the dwelling.
Decide the application
If you are satisfied that the applicant meets the eligibility criteria, then you must approve the application.
If there is more than one interest holder for the land, all must either be part of the application or agree to the application.
Make the offer
Once you have approved an application, you should offer the land to the applicant. The offer can be subject to conditions, such as:
- resolving native title
- ensuring the land is surveyed
- ensuring road access
- paying the dwelling purchase price.
Cooling-off period
The applicant has 45 days to either accept or refuse the offer. If they accept, they have an extra 5-day cooling-off period to change their mind and refuse the offer.
Allocate the land
Once all conditions of the offer are met, you can allocate the land to the applicant. You will need to notify us that you’ve made the offer using one of these forms:
- Form 3 - Notice to the Chief Executive of offer to allocate land for freehold (Aboriginal land)
- Form 3 - Notice to the Chief Executive of offer to allocate land for freehold (Torres Strait Island land)
Apply for the grant of freehold
Once you have allocated the land, you can apply to the government to grant freehold. Use one of these forms:
- Form 4 - Trustee application to the Chief Executive for land to be granted in freehold (Aboriginal land)
- Form 4 - Trustee application to the Chief Executive for land to be granted in freehold (Torres Strait Islander land)
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Freehold allocation – open process
This guide describes the process for allocating freehold land in cases where there are no existing interest holders.
Prepare the land
You must ensure that:
- the land has a lot/plan description
- the land has dedicated road access
- native title has been or will be resolved.
Advise the Queensland Government
You must tell us that you intend to allocate the land: once you start the allocation process this land will cease to be transferable land.
Appoint a probity advisor
You must appoint an appropriately qualified and independent person to ensure the integrity of the allocation process. This probity advisor will:
- provide advice and help you prevent and deal with any integrity issue
- monitor the allocation process
- report any breaches of process.
Accounting and legal firms can usually supply a probity advisor, or you can contact the Department of Natural Resources and Mines for help (see contact details on the right).
Publish the allocation notice
You must publish an allocation notice in the government gazette and a newspaper or other publication for the local area. The notice must include details of:
- eligibility criteria
- allocation method
- any conditions that apply to the land
- how applications can be made
- when applications close
- purchase price and any deposit to be received
- details of when and where the land will be allocated
- the contact details of the probity advisor.
Decide on who can participate in the allocation process
Once you receive an application, you must decide whether the applicant meets the eligibility criteria and can participate in the allocation process. If they do not, you must notify them that they have been refused permission to participate.
Land Court appeals
Applicants who have been refused the right to participate in the allocation process have the right to appeal this decision to the Land Court.
They have 28 days to lodge their appeal. If, after this date, no appeal has been lodged, you can proceed to the next stage. If an appeal has been lodged, you must wait for the appeal to be decided before proceeding.
Notify eligible applicants
Once the appeal period has ended, provide a notice to each applicant participating in the allocation process. The notice must include information about:
- how the allocation will be run
- when the allocation process will be run
- whether a deposit must be paid.
Run the allocation process
Run the allocation process using a method that is consistent with the freehold instrument, the allocation notice and any advice from the probity advisor (e.g. ballot, tender, auction).
Allocate the land
Allocate land to the winners and refund any deposits to unsuccessful applicants.
You can notify us that you’ve made the offer using one of these forms:
- Form 5 - Notice to the Chief Executive of offer to allocate land for freehold (Aboriginal land)
- Form 5 - Notice to the Chief Executive of offer to allocate land for freehold (Torres Strait Island land)
Apply for the grant of freehold
Once you have allocated the land, you can apply to the government to grant freehold. Use one of these forms:
- Form 4 - Trustee application to the Chief Executive for land to be granted in freehold (Aboriginal land)
- Form 4 - Trustee application to the Chief Executive for land to be granted in freehold (Torres Strait Islander land)
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Templates, forms and other resources
Local government resources
Implementation guide and templates for trustees
The guide and templates set out the recommended steps that you should take to decide whether freehold is appropriate for your community and to implement the freehold option. You don’t need to use the templates and you can modify them to suit your community’s needs.
- Freehold implementation plan guide
- Freehold implementation plan template 1
- Freehold implementation plan template 2
Forms - Aboriginal land trustees
Read about the freehold allocation process for interest holders and the open allocation process for information on when to use these forms.
- Form 1 - Freehold policy template
- Form 2 - Application for freehold land by eligible interest holders
- Form 3 - Notice to the Chief Executive of offer to allocate land for freehold – Eligible interest holder
- Form 4 - Trustee application to the Chief Executive for land to be granted in freehold
- Form 5 - Notice to the Chief Executive of offer to allocate land for freehold – Eligible person
Forms – Torres Strait Islander land trustees
Read about the freehold allocation process for interest holders and the open allocation process for information on when to use these forms.
- Form 1 - Freehold policy template
- Form 2 - Application for freehold by eligible interest holders
- Form 3 - Notice to the Chief Executive of offer to allocate land for freehold – Eligible interest holder
- Form 4 - Trustee application to the Chief Executive for land to be granted in freehold
- Form 5 - Notice to the Chief Executive of offer to allocate land for freehold - Eligible person
Freehold title information for trustees and local government, 29 Sep 2022, [https://www.qldgovau.staging-services.qld.gov.au/firstnations/environment-land-use-native-title/freehold-title/freehold-title-instrument]
This document is uncontrolled when printed. Before using the information in this document you should verify the current content on https://www.qldgovau.staging-services.qld.gov.au/firstnations/environment-land-use-native-title/freehold-title/freehold-title-instrument.