Depa rt ment of Natura l Resources an d M ines
Chapter 2 Exclusive Tenures
Date: 8 October 2015
Queensland
Government
Chapter 2
Exclusive Tenures
Introduction
Chapter 2 looks at exclusive tenures, ie. grants or vestings of exclusive possession which wholly
extinguish native title. The Modules in this Chapter guide you through the requirements of exclusive
tenures, whether you can rely on the extinguishing effect of an exclusive tenure and how to find out if
there has been an exclusive tenure covering the proposed dealing area.
Module BA – Previous grants and vestings of exclusive possession
QNTIME
Module BA identifies the categories of exclusive tenures and guides you through the requirements
that you must be able to satisfy for the particular grant or vesting you are assessing. If all the
requirements are satisfied the particular grant or vesting is a previous exclusive possession act
(“PEPA”) that has extinguished native title, subject to the operation of Module BB.
To help you with your assessment, Module BA also includes a completed extract of the Native Title
Assessment Form. The example is based on the scenario used in Annexure 7.3 – Future Act
Notification Templates, Samples and Explanations.
Module BB – Can the extinguishing effect of the PEPA be relied upon?
If you have found a PEPA, Module BB asks you to stop and consider whether the extinguishing effect of
the PEPA you assessed in Module BA can be relied upon. In certain circumstances the extinguishing
effect of the PEPA may be disregarded or ignored upon a determination that native title exists.
Module BC – Steps to a Tenure History
QNTIME
Module BC helps you carry out a tenure history for a proposed dealing area (ie. finding the grants or
vestings that have occurred over time in relation to a particular area) by providing some practical steps
and practical examples so you know where and what to look for on a plan, title, lease document, etc.
Use QNTIME to search for any research or conclusions for your
proposed dealing area.
Use QNTIME to input your research for your proposed dealing
area.
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Depa rt ment of Natura l Resources an d M ines
Module BA
Previous Grants and Vestings of Exclusive Possession
Date: 8 October 2015
Queensland
Government
Module BA
Sections 23B(1) – (3), Schedule 1, NTA
Section 20, NTQA
Previous Grants and Vestings of Exclusive Possession
DOES THE PROPOSED DEALING FIT WITHIN THIS MODULE? This Module will help you assess whether native title
has been extinguished by a previous grant or vesting
of exclusive possession over the area you wish to carry
out the proposed dealing.
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TABLE OF CONTENTS
Part 1
Introduction .................................................................................................................... 4 Part 2
How do I find out whether an area has been subject to a PEPA? ................................ 4 A. Grants and Vestings of Exclusive Possession
Part 3
Has there been a PEPA over the proposed dealing area? ........................................... 6 B. Scheduled Interests
Part 4
Is my lease a Scheduled Interest? ............................................................................. 17 C. Types of Leases
Part 5
What is a commercial lease? ...................................................................................... 28
Part 6
What is an exclusive agricultural lease and an exclusive pastoral lease? .................. 29
Part 7
What is a residential lease? ........................................................................................ 31
Part 8
What is a community purposes lease? ....................................................................... 32
Part 9
What is a mining tenement and what does a dissection of a mining lease mean? ..... 33
Part 10
What is a lease that confers a right of exclusive possession? .................................... 35
D. Effect on native title, compensation and decision-making
Part 11
What is the effect of a PEPA on native title rights and interests? ............................... 36
Part 12
Is compensation payable for the grant or vesting of a previous exclusive possession
act? .............................................................................................................................. 36
Part 13
Who makes the decision whether this Module applies?.............................................. 36
E. Checklist
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Part 1 Introduction
This Module applies to your proposed dealing where1 –
(a) there has been a valid grant or vesting of exclusive possession (ie. possession against the
rights of all others) over the whole of your proposed dealing area such as the grant or
vesting of a freehold estate or the grant of certain leases. This is known as a previous
exclusive possession act (“PEPA”);
AND
(b) the PEPA was done on or before 23 December 1996;
AND
(c) the PEPA does not fall into one of the exclusions at Requirement 5.
Native title has been extinguished over the area of the grant or vesting, where the above three
requirements are satisfied. Therefore, your dealing may be able to proceed within the area that
was covered by the previous or current grant or vesting without further reference to native title,
provided that the extinguishing effect of the grant or vesting is not to be disregarded under
2
Module BB .
Part 2 How do I find out whether an area has been subject to a
PEPA?
To establish whether the proposed dealing area was or is subject to a valid grant or vesting of
exclusive possession you will need to do a tenure history. A tenure history involves –

researching the history of a parcel to see whether there have been any tenures granted
or vested over the parcel; and

1
2
assessing the tenures found to see if any of those tenures have extinguished native title.
Sections 23B(1) – (3), NTA
Module BB – When prior extinguishment is to be disregarded. Section 47, 47A and 47B of the NTA
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Please refer to Module BC for a guide on how to carry out a tenure history.
The following diagram provides you with an example of how Lot 33 on Plan ZZ12345 has
changed over time, ie. its tenure history -
Current Tenure
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This Module is set out in 5 divisions –
A. Grants and vestings of exclusive possession
B. Scheduled Interests
C. Types of Leases
D. Effect on native title, compensation and decision-making
E. Checklist
A. Grants and Vestings of Exclusive Possession
Part 3
Has there been a PEPA over the proposed dealing area?
There has been a PEPA over the proposed dealing area if ALL of the following requirements
are satisfied –
To help you in ensuring that you have satisfied each
and every requirement, there is a checklist that you can
Please refer to the
accompanying
flowchart.
use at Division E to tick off each requirement as you go.
Requirement 1
The proposed dealing area was or is covered by one or more of the following interests -
(a) a freehold estate;
Examples

The grant of an estate in fee simple, eg. a land purchase under the Crown Land
Alienation Act 1860.

The grant of a deed of grant in trust (DOGIT) that is not for Aboriginal or Torres Strait
Islander purposes, eg. a DOGIT for recreation purposes.

The valid vesting of land under section 61 of the Railways Act 1863, section 16 of the
Railways Act 1888 and section 92 of the Railways Act 1914, vested in the
Commissioner an unqualified estate of fee simple and wholly extinguished any
subsisting native title rights and interests in the vested land. NB. This is in relation to
all vestings under the above sections up until (but not including) 1 July 1991, which
was the commencement of the Transport Infrastructure (Railways) Act 1991.
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OR
(b) a Scheduled interest;
Schedule 1 of the NTA contains the list of Scheduled Interests and has been
reproduced at Division B of this Module. Scheduled interests are certain leases that
give a right of exclusive possession to the lessee.
OR
(c) a lease that is Definition3
The expression lease includes –
(a) a lease enforceable in equity; or
(b) a contract that contains a statement to the effect that it is a lease; or
(c) anything, that, at or before the time of its creation, is, for any purpose, by a law of
the Commonwealth or State, declared to be or described as a lease.
In the case only of a reference to a mining lease, the expression lease also includes a
licence issued, or an authority given, by or under a law of the Commonwealth or State.
(i)
a commercial lease that is neither an agricultural lease nor a pastoral lease;
Refer to Part 5 for a definition and examples.
OR
(ii)
an exclusive agricultural lease or an exclusive pastoral lease;
Refer to Part 6 for a definition and examples.
OR
(iii)
a residential lease;
Refer to Part 7 for a definition and examples.
OR
3
Section 242, NTA
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(iv)
a community purposes lease;
Refer to Part 8 for a definition and examples.
OR
(v)
a mining tenement over land or waters only to the extent it relates to land or
waters on which towns, cities or private residences or related buildings or
works are constructed4; or
Refer to Part 9 for a definition and diagram.
OR
(vi) any lease (other than a mining lease) that gives a right of exclusive
possession over particular land or waters.
Refer to Part 10 for a definition and examples.
OR
(d) vesting of certain lands or waters in any person by or under legislation which
expressly or impliedly conferred a right of exclusive possession of the land or
waters on the person.5
IMPORTANT
If you are considering a vesting provision/section in legislation which you think may give
a right of exclusive possession, you must contact your NTCO with all the details of the
vesting provision and your NTCO must contact ATSILS with those details so that the
effect of the vesting on native title can be considered.
AND
Requirement 2 The conditions of the lease do NOT alter how you assess the purpose of the lease. (NB. Ignore this requirement if the interest is a freehold estate or a vesting.) 4
5
Section 23B(2)(c)(vii) and section 245, NTA
Section 23B(3), NTA
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IMPORTANT
You must read the conditions of the lease very carefully as the conditions may
limit how the leased area must be used.
Example
You have assessed your lease as being a Scheduled Interest as it is a lease under the Land Act
1962 for show ground purposes. When you read the conditions of the lease, it states that the
lease must be used for “grazing purposes only”. If this is the case, the lease is not a Scheduled
Interest because “grazing” is not listed in Schedule 1.
AND
Requirement 3 The interest was granted or the vesting occurred on or before 23 December 1996;
IMPORTANT
This means that the grant or vesting must have occurred on or before 23 December 1996. This
is the date of grant and not the commencement date of the lease.
AND
Requirement 4 The grant or vesting of the interest was valid; “valid”
The grant or vesting must be valid under State legislation and in relation to native title.
State legislation
The grant or vesting will not be valid under State legislation if there was no power under
legislation to carry out the grant or vesting under the relevant legislation. For example, the
Governor in Council may grant freehold over unallocated State land. Therefore, if the Governor
in Council granted reserved land as freehold it would not be valid under State legislation as
there was no power under legislation.
In relation to native title
In relation to whether the grant or vesting is valid in relation to native title, look at the following
timeline. It is based upon the date the interest was granted or vested, ie. the date of grant or
vesting not the commencement date.
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23.12.1996
1.1.1994
VALID
VALID only if the whole or
part of the area covered by the
grant or vesting was subject to,
at any point in time prior to
1.1.1994–

a valid freehold estate;

a valid lease (other than a
mining lease); or

a valid public work.
If it is NOT valid, you have not satisfied Requirement 4.
AND
Requirement 5
None of the following exclusions apply to –

acts benefiting Aboriginal peoples or Torres Strait Islanders6
(a) the grant or vesting of any thing that was made or done by or under legislation that makes
provision for the grant or vesting of such interests only to, in or for the benefit of
Aboriginal peoples or Torres Strait Islanders; or
Example
A grant of freehold under the Aboriginal Land Act 1991 or Torres Strait Islander Land Act
1991.
(b) the grant or vesting of any thing expressly for the benefit of, or to or in a person to hold
on trust expressly for the benefit of, Aboriginal peoples or Torres Strait Islanders; or
Example
A deed of grant in trust for Aboriginal purposes or Torres Strait Islander purposes under the
Land Act 1962.
(c) the grant or vesting of any thing over particular land or waters, if at the time a thing covered
by paragraph (a) or (b) is in effect in relation to the land or waters.
OR
6
Section 23B(9), NTA
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
acts where legislation provides for non-extinguishment7
(d) an act is not a previous exclusive possession act if it is done under legislation that
expressly provides that the act does not extinguish native title.
OR

Crown to Crown grants etc8
(e) if an act is the grant or vesting of an interest in land or waters to or in the Crown in any
capacity or a statutory authority, the act is not a previous exclusive possession act –
“Crown to Crown”
This includes grants and vestings from –

the State to the Commonwealth;

the Commonwealth to the State;

the State to a State department or statutory authority.
“statutory authority” – in relation to the State, means any authority or body
(including a corporation sole) established by a law of the Commonwealth or State
other than a general law allowing incorporation as a company or body corporate.9
NB. Government Owned Corporations (“GOCs”) are included in this definition but
only statutory GOCs and not company GOCs.10 Local authorities are also statutory
authorities.
(i) unless, apart from the NTA, the grant or vesting extinguishes native title in relation
to the land or waters; or
Explanations
“apart from the NTA”
This means that the grant or vesting must extinguish at common law.
7
Section 23B(9B), NTA
Section 23B(9C), NTA
Section 253, NTA
10
Section 7(2) and (3), Government Owned Corporations Act 1993
8
9
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Grant or vesting of a freehold estate
The NTA provides that the grant or vesting of a freehold estate is a previous
exclusive possession act that extinguishes native title. Where the grant or vesting
is “Crown to Crown”, the NTA provides that the grant or vesting must also
extinguish apart from the NTA, ie. at common law (which is law made by the
courts). The grant or vesting of freehold extinguishes at common law as
established by cases such as Fejo, Bodney and Ward. Therefore, it does not
matter that the grant or vesting is “Crown to Crown” or Crown to statutory authority.
Example – the grant of a freehold estate by the State to Brisbane City Council
extinguishes native title.
Grant of a lease
However, it is harder to establish whether a “Crown to Crown” grant of a lease
extinguishes native title. This is because the Courts have not stated that leases
granted under Queensland legislation wholly extinguish native title. For example,
there is no case law that states that a special lease under the Land Act 1962 for
school purposes (which is a Scheduled Interest) extinguishes native title.
The Courts have only said that a grant of exclusive possession (ie. possession
against the rights of all others) extinguishes native title.
If you think you have a lease that is a grant of exclusive possession and is “Crown
to Crown”, please refer all details plus a copy of the lease to your NTCO who will
then refer it to ATSILS.
(ii) if above paragraph (i) does NOT apply, the land or waters (whether before or
after 23 December 1996) must be used to any extent in a way that, apart from
the NTA, extinguishes native title in relation to the land or waters.
“used to any extent”
In this case, the use of the granted or vested area must extinguish at common law.
A type of use which wholly extinguishes at common law is public works. For
example, in Mabo, Brennan J (as he then was) states – “…native title has been
extinguished to parcels of [land] of the Crown that have been validly appropriated
for use (whether by dedication, setting aside, reservation or other valid means) and
used for roads, railways, post offices and other permanent public works which
preclude the continuing concurrent enjoyment of native title.”
Therefore, if the lease has been developed, proceed to Module CA to assess
whether the development on the lease are valid public works.
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If ALL of the above requirements are not satisfied you must consider
whether your proposed dealing is caught by Module CA.
If the above 5 Requirements have ALL been satisfied then the grant or vesting was a
PEPA that has extinguished native title over the area of that grant or vesting.
If the PEPA only covers PART of the proposed dealing area –

native title is only extinguished over that part; and

you must continue your native title assessment in
accordance with these Procedures for the
balance/remaining area.
Area covered
by grant/
vesting
Proposed
dealing
area
Remaining
/balance
area
You must now consider whether Module BB applies, ie. does the
extinguishing effect of the PEPA need to be disregarded and if so can
you still carry out your proposed dealing?
After considering Module BB, you will now need to take the following steps –
Step 1 - If Module BB does apply, follow the steps outlined in that Module.
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Step 2 - If Module BB does NOT apply, then complete the following steps –
(a) If you are able to make a final assessment on the grant or vesting (see table below),
complete your Native Title Assessment Form (Annexure 7.1) and proceed with your
dealing; or
(b) If you are not able to make a final assessment on the grant or vesting (see table below),
ie. ATSILS must make the final assessment, complete your Native Title Assessment
Form (Annexure 7.1) and refer all details to your NTCO who will then refer all details to
ATSILS.
Type of PEPA
Final Assessment
Freehold Estate
Delegated officer
Scheduled Interest
Delegated officer
Commercial lease
ATSILS
Exclusive agricultural lease or exclusive pastoral lease
ATSILS
Residential lease
Delegated officer
Community purposes lease
ATSILS
Dissection of a mining lease
ATSILS
Exclusive possession lease
ATSILS
Vesting of certain land or waters
ATSILS
The following is an example of how to complete the sections of the Native Title
Assessment Form dealing with Module BA. The Native Title Assessment Form can be
found at Annexure 7.1.
Native Title Assessment Form Information about this Form 1. This form is mainly based upon the “Path through Native Title Assessment”.
2. To correctly complete this form, you will need to have read the relevant Modules and
Annexures of the Native Title Work Procedures.
3. You must complete each part of the Assessment Section of this Form until you reach
a Go to Reason for Decision.
4. Where there is a tick box, please make your selection either manually or by clicking on
the box with your mouse. Where there is a blank section, please type or write in the
relevant details.
5. All the relevant parts of the Decision Section of this Form must be completed.
6. Where a Module only applies to part of your proposed dealing area, tick the “Part of the
proposed dealing area” box. Then proceed through the form for the balance/remaining
area of your proposed dealing area. In these instances, a diagram should be attached
to this Form to distinguish between the different areas.
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Assessment Section
Module AA. Proposed Dealing
The grant of a permit to construct and operate a structure in a Marine Park under section 16 of
the Marine Park Regulation 2006 and Marine Parks Act 2004.
Location – Proposed Dealing Area
Lot(s)/Plan(s) _____________________________________
Parish: Mangrove County: Ocean
Current Status: Marine Park
Locality Description:
The intertidal area of west shore of Lagoon Island in the Whitsunday Marine Park approximately
50 metres south of the rock wall. Lagoon Island is described as Lot 1 on NPW 157 and lies due
east of the town of Seaforth.
Plan/Map:
Maps are attached of Lagoon Island showing the location of the proposed new jetty (hatched).
Also attached is a map of the Whitsunday Marine Park showing the location of Lagoon Island.
Module AB. Is this a dealing that can proceed without further reference to
native title?
Yes
□ Dealing is not a future act, ie. it is not listed in Part 2
□ Activities done in accordance with a valid lease, licence, permit or authority
□ Emergency action
Go to Reason for Decision
No

Module AC. Is there a registered ILUA that covers the proposed dealing?
Yes
□ Go to Reason for Decision
No

□
Part of the proposed dealing area
Module AD. Is there a determination of native title that covers the
proposed dealing area?
Yes
□
No

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Part of the proposed dealing area
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IFYES, does the determination state that native title does not exist over the proposed dealing
area?
Yes
No
□ Go to Reason for Decision
□ Go to Modules F to N section of this Form as native title will exist
over the proposed dealing area unless subsequently extinguished by a
later act.
Module BA.
Yes

No
□
Is there or has there been a grant or vesting of exclusive
possession over the proposed dealing area?
Go to Module BB
□
Part of the proposed dealing area
Module BB. Can I rely upon the extinguishing effect of the PEPA?
Yes

No
□
Go to Reason for Decision
□
Part of the proposed dealing area
Reason for decision
The tenure history (attached) revealed a previous grant of exclusive possession which covers
the proposed dealing area.
In 1971, a special lease was granted under the Land Act 1962 to the Lagoon Island Boat
Repairs Company for boat repair purposes. The conditions of the lease did not alter the
purpose of the lease.
The lease is a Scheduled Interest as it is a lease for special purposes issued under the Land Act
1962 solely for boat repair purposes.
The lease is valid under State legislation as it was issued under section 203(a) of the Land Act
1962 which provides that the Minister with the approval of the Governor in Council may issue to
any person a special lease of any Crown Land for any manufacturing, industrial, residential or
business, or for any racecourse or recreational purposes for a term not exceeding 30 years.
The lease is valid in relation to native title as it was granted before 1 January 1994.
Module BB does not apply as although there is currently a native title claim over the proposed
dealing area, the proposed dealing area has always been marine park in the period since 30
September 1998. Therefore, the extinguishing effect of the lease can be relied upon.
Native title is wholly extinguished over the area of the lease and therefore over the proposed
dealing area.
NB. Extract from Native Title Assessment Form
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B. Scheduled Interests
Part 4
Is my lease a Scheduled Interest?
Scheduled interests are those leases that have been determined by the Commonwealth
Government to have given exclusive possession. These interests are listed in Part 3 of
Schedule 1 of the NTA and are as follows –
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The following paragraphs will help you assess whether your lease
is a Scheduled Interest under section 9 of Schedule 1 -
“grazing” – where the lease must be used only for grazing (ie. it is stated in the
purpose of the lease or in the conditions), the term lease, special lease or
perpetual lease cannot be a Scheduled Interest.
Slight typographical variation
Where there is a slight typographical variation in relation to the listed purpose, it
may still fit within the following list of purposes.
Example
“Boy Scouts hall” is listed but it would also include purposes shown as “Boy Scout
hall” and “boy scouts hall”.
A different word is used
Where a different word is used but it means the same as the purpose listed.
Example
‘church’ is listed but would also include a purpose shown as “religious building”.
“solely or primarily”
For a lease to be a Scheduled Interest it must have permitted the lessee to use
the land or waters covered by the lease only or mainly for any of the listed
purposes.
Example – a special lease under the Land Act 1962 for jetty purposes. “Jetty” is
listed in Schedule 1.
However, where the lease has more than one purpose, it will be difficult to
assess which purpose the lease was to be used “solely or primarily” for
and therefore it will not be clear whether the lease is a Scheduled Interest.
There are two scenarios you will need to consider -
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1. All the purposes listed on the lease document are also listed in section
9 of Schedule 1
In this case, it will not matter that you cannot tell which purpose the lease must be
used primarily or solely for, as all the purposes are in the Schedule.
Example – a special lease under the Land Act 1962 for football club and football
ground purposes. Both these purposes are listed in section 9 of Schedule 1.
2. Not all the purposes listed on the lease document are also listed in
section 9 of Schedule 1
Example – a special lease under the Land Act 1962 for reclamation, residential
and business purposes.
“Reclamation” and “residential” are listed in Schedule 1 but “business” is not.
The lease cannot be solely or primarily for the listed uses of “reclamation” or
“residential” as perhaps the lease was used primarily for “business” purposes
which is not listed in section 9 of Schedule 1. Therefore, the lease is not a
Scheduled Interest. You will then need to consider whether the lease fits within
the other types of previous exclusive possession leases under section 23B(2) of
the NTA. For example –
Is the lease a commercial lease? A commercial lease is a lease (other than a
mining lease) that permits the lessee to use the land or waters covered by the
lease solely or primarily for business or commercial purposes. As there were
other purposes that the lease could have been used for (eg. a residential
purpose) it could not be said that the lease was solely or primarily for business
purposes.
Is the lease a residential lease? A residential lease is a lease that permits the
lessee to use the land or waters covered by the lease solely or primarily for
constructing or occupying a private residence. As there were other purposes the
lease could have been used for (eg. business), it could not be said that the lease
was solely or primarily for constructing or occupying a private residence.
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Did the lease give a right of exclusive possession over the area covered by the
lease? It is arguable that the lease did confer a right of exclusive possession
over the area covered by the lease, for the following reasons -
(a) “reclamation” and “residential" are listed as purposes in Schedule 1 of the
NTA. If the lease had been granted solely for either one of those purposes it
would have constituted a Scheduled Interest and therefore a previous
exclusive possession act; and
(b) if the lease had been granted solely for “business” purposes it is likely that it
would have been considered a commercial lease and therefore a previous
exclusive possession act.
It makes sense that the lease is a previous exclusive possession act as all the
purposes individually would have been recognised as being wholly inconsistent
with native title. There should not be a different outcome as to the effect on
native title because the purposes happen to have been grouped together in one
lease document instead of three lease documents.
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C. Types of Leases
Part 5
What is a commercial lease?
A commercial lease is a lease (other than a mining lease) that allows the lessee to use the land
or waters covered by the lease solely or primarily for business or commercial purposes. 11
“solely or primarily”
This means that the lease must be used only or mainly for business or commercial purposes.
There must not be another purpose or use (eg. residential or grazing) that is noted–

on the lease document; or

within the conditions of the lease,
as it could not be said that the lease was solely or primarily for business purposes.
For example, if the lease was for business and grazing purposes then it cannot be a commercial
lease, as it cannot be said that the lease is primarily or solely for business purposes as grazing
is listed also.
Examples of commercial leases

A lease that permits the construction of a building to be used for business or
commercial purposes, or of a hotel, motel or tourist resort.

A lease that permits the use of a building on land for business or commercial purposes,
or the operation of a hotel, motel or tourist resort on land.

A lease that states that the purpose of the lease is for business or commercial
purposes.
11
Section 246, NTA
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Part 6 What is an exclusive agricultural lease and an exclusive
pastoral lease?
Agricultural Leases 12
A lease is an agricultural lease if it –
(a) allows the lessee to use the land or waters covered by the lease solely or primarily for
agricultural purposes (which includes the planting and growing in the land of trees, vines or
vegetables;
OR
(b) contains a statement to the effect that it is solely or primarily an agricultural lease or that it is
granted solely or primarily for agricultural purposes.
NB. An agricultural lease also includes a lease that permits the lessee to use the land or waters
covered by the lease solely or primarily for aquacultural purposes.
An exclusive agricultural lease is a lease that:
(a)
gives a right of exclusive possession over the land or waters covered by the lease; or
(b)
is a Scheduled Interest.
13
Pastoral Leases 14
A lease is a pastoral lease if it –
(a) allows the lessee to use the land or waters covered by the lease solely or primarily for:
(i)
maintaining or breeding sheep, cattle or other animals; or
(ii)
any other pastoral purpose;
OR
(b) contains a statement to the effect that it is solely or primarily a pastoral lease or that it is
granted solely or primarily for pastoral purposes.
12
Section 247, NTA
Section 247A, NTA
14
Section 248, NTA
13
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An exclusive pastoral lease is a pastoral lease that:
(a) gives a right of exclusive possession over the land or waters covered by the lease; or
(b) is a Scheduled Interest.15
“solely or primarily”
This means that the lease must be used only or mainly for a. agricultural purposes, in the case of an agricultural lease; or
b. pastoral purposes, in the case of a pastoral lease.
There must not be another type of purpose or use that is noted on –

the lease document; or

within the conditions of the lease,
as it could not be said that the lease was solely or primarily for agricultural or pastoral purposes.
IMPORTANT
Where these leases are not a Scheduled Interest, these types of leases will generally be
previous NON-exclusive possession acts which either extinguish native title to the extent of
the inconsistency where the rights granted under the agricultural or pastoral lease extinguish at
common law, (ie. there is partial extinguishment of native title as can be seen in the below
diagram), or causes the affected native title rights and interests to be suspended whilst the
16
lease is in force.
Native title rights
and interests
Rights conferred
on lessee by grant
of pastoral lease

Right to enclose


Right to graze
cattle
Right to construct a
homestead
To work out which native title rights and interests have been extinguished requires an in depth
analysis of the rights granted under the lease and the rights and interests held by native title
holders. Therefore, in this case as any native title will not have been wholly extinguished, you
will not be able to rely on this lease to complete your native title assessment.
15
16
Section 248A, NTA
Section 23F, NTA; section 23, NTQA
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Part 7
What is a residential lease?
A residential lease is a lease that allows the lessee to use the land or waters covered by the
lease solely or primarily for constructing or occupying a private residence. 17
“solely or primarily”
This means that the lease must be used only or mainly for the purpose of constructing or
occupying a private residence. There must not be another type of purpose or use (eg. business
or grazing) that is noted
on the lease document; or

within the conditions of the lease,
as it could not be said that the lease was solely or primarily for residential type purposes.
For example, if the lease was for residential and grazing purposes then it cannot be a residential
lease, as it cannot be said that the lease is primarily or solely for residential purposes as grazing
is listed also.
Examples
The construction of a house or a unit on land for a person to live in is an example of use of land
for constructing a private residence.
The use of a house or unit on land that is leased out to a person to live in is an example of use
of the land for occupying a private residence.
A lease that states the purpose of the lease is for residential purposes.
A lease for the purpose of a hotel, motel, caravan or tent on land is an example of something
that is not use of land for occupying a private residence and is therefore not a residential lease.
17
Section 249, NTA
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Part 8
What is a community purposes lease?
A community purposes lease is a lease that:
(a) allows the lessee to use the land or waters covered by the lease solely or primarily for
community, religious, educational, charitable or sporting purposes;
OR
(b) contains a statement to the effect that it is solely or primarily a community purposes lease or
that it is granted solely or primarily for community, religious, education, charitable or sporting
purposes. 18
“solely or primarily”
This means that the lease must be used only or mainly for community, religious, educational,
charitable or sporting purposes. There must not be another purpose (eg. business or grazing),
that is noted –

on the lease document; or

within the conditions of the lease,
as it could not be said that the lease was solely or primarily for one of the listed community
purposes.
For example, if the lease was for community and grazing purposes then it cannot be a
community purpose lease, as it cannot be said that the lease is primarily or solely for a
community purpose as grazing is listed also.
Examples
 A trustee lease on a reserve to the local softball association for the construction of a
clubhouse.
 A lease to the Catholic church for the construction of a church.
 A lease to the Save the Wombat environmental group for an environmental education centre.
18
Section 249A, NTA
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Part 9 What is a mining tenement and what does a dissection of a
mining tenement mean?
Native title is only wholly extinguished by the grant of a mining tenement but only on those parts
of the mining tenement on which towns, cities or private residences or related buildings or works
are constructed.19 Where there is no such development, native title is not extinguished by the
grant of the mining tenement. Therefore for the purpose of this Module, the mining tenement is
in effect dissected or divided into two areas (please see the below diagram).
To apply this Part (a) there must have been the grant of a mining tenement which satisfies the below definition
which was in force as at 24 December 1996;
Definition
A mining tenement permits the holder to use the land or waters concerned by the lease
solely or primarily for mining. A mining tenement includes –

a prospecting permit;

a mining claim;

an exploration permit; mining development licence; and

a mining lease.
AND
(b) the mining tenement needs to be dissected in accordance with the criteria below.
Dissection of the mining tenement
If the following criteria applies20, the tenement is taken to consist of separate grants in respect
of:
(a)
the part of the land or waters in respect of which Criteria 1 and or Criteria 2 are satisfied;
AND
(b)
the remainder of the land or waters.
19
Section 23B(2)(c)(vii) and section 245(2)-(4) of the NTA
The Commonwealth Minister may, in writing, determine that a specified city, town, residence, building or works is not
to be taken into account. At the date of the release of this Module, there had been no regulations made.
20
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Dissection of mining lease
Criteria 2
Mining area
Criteria 1
Native title is only wholly extinguished over the area of the lease to which Criteria 1 and
Criteria 2 applies. The dissected area should be drawn on to a plan and attached to your
native title assessment form.
Criteria 1
(a) the tenement was in force at the beginning of 24 December 1996 (“the test time”)
(b) the city, town or private residences had been wholly or partly constructed at the test time on
a part of the land or waters covered by the tenement;
(c) the construction was permitted by the tenement; and
(d) in the case of any private residences – they had been, or were being, constructed as
fixtures21 and it was reasonably likely at the test time that, if mining under the tenement were to
cease at any later time, they would continue to be used as private residences.
21
Definition – Fixture A fixture is an item attached to the ground other than under its own weight. An
item which is a fixture ceases to be the personal property of the person who attached it to the land as the
item becomes part of the land.
It is difficult to always know whether something is a fixture. For example, office partitions which were
not just sitting on the floor by their own weight but were secured to the floor and walls by nails and bolts
were held by the Federal Court not to be a fixture.21 However, the general rule in relation to fixtures is
where something is affixed to the land even slightly it is to be considered as part of the land, unless the
circumstances are such as to show that it was intended all along to continue as a personal possession.21
Example A demountable, eg. a ranger’s hut, is a building that just sits on the ground and therefore is
unlikely to be a fixture as it is not attached to the ground. It is likely to be considered a fixture when it is
attached to the ground by cementing the stumps to the ground and/ an electricity line/sewerage
pipes/water pipes are attached to the demountable.
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Criteria 2
1. the tenement was in force at the beginning of 24 December 1996 (“the test time”);
2. other buildings had been wholly or partly constructed as fixtures22 at the test time, on a part
of the land or waters covered by the tenement, for carrying on an activity in connection with
any city, town or private residences covered by Criteria 1;
3. the construction was permitted by the tenement; and
4. it was reasonably likely at the test time that, if mining under the tenement were to cease at
any later time, the buildings or works would continue to be used to carry on the same
activity, in connection with any city, town or private residences mentioned in Criteria 1.
Part 10 What is a lease that confers a right of exclusive
possession?
A lease that confers a right of exclusive possession is a lease that gives the lessee a right of
possession against all others. This is a right that is wholly inconsistent with native title rights
and interests.
Example
Please refer to the example beginning on page 18 at Part 4.
IMPORTANT
As it is difficult to analyse or determine whether a lease confers a right of exclusive possession,
if you are of the view that a particular lease may be an exclusive possession lease you will need
to provide all details to ATSILS through your NTCO.
22
Refer to the above footnote.
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D. Effect on native title, compensation and
decision-making
Part 11
What is the effect of a PEPA on native title rights and
interests?
A PEPA will wholly extinguish any native title rights and interests over the area covered by the
PEPA.23 Native title remains extinguished by a PEPA even though it may not be currently in
existence.
Part 12
Is compensation payable for the grant or vesting of a
previous exclusive possession act?
Compensation is payable by the State (where it is attributable to the State) if there is a
successful claim for compensation for the extinguishment of native title rights and interests
caused by a PEPA. The payment of compensation is subject to the requirements in section 27
of the NTQA.
Part 13
Who makes the decision whether this Module applies?
This will depend on whether you have been given the responsibility or delegation to make a
decision under the Native Title Work Procedures in accordance with the “Responsibilities and
Delegations” section of your department’s or agency’s Native Title Work Procedures.
If the decision-maker is unsure how to proceed, your NTCO must be contacted for advice. If the
NTCO is unsure how to proceed, ATSILS must be contacted for advice.
E. Checklist
To help you in ensuring that you have satisfied each and every requirement in Part 3 of this
Module, the following checklist can be used to tick off each requirement as you go through Part 3.
23
Section 20, NTQA
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Module BA Checklist
Requirement
No.
1
2
Requirement
Satisfied
Not
satisfied
The proposed dealing area was or is covered by one
or more of the following interests a.
a freehold estate;
b.
a Scheduled interest;
c.
a lease that is –
(i) a commercial lease that is neither an
agricultural lease nor a pastoral lease;
(ii) an exclusive agricultural lease or
exclusive pastoral lease;
(iii) a residential lease;
(iv)a community purposes lease;
(v) a mining tenement over land or waters
only to the extent it relates to land or
waters on which towns, cities or private
residences or related buildings or works
are constructed; or
(vi)any lease (other than a mining lease) that
confers a right of exclusive possession
over particular land or waters.
or
d.
vesting of certain lands or waters in any
person by or under legislation which
expressly or impliedly conferred a right of
exclusive possession of the land or water on
the person.
The conditions of the lease do not alter how you
would assess the purpose of the lease.
(NB. Ignore this requirement if your interest is a freehold estate or
a vesting.)
3
The interest was granted or the vesting occurred on
or before 23 December 1996.
4
The grant or vesting of the interest was valid.
5
None of the exclusions at Requirement 5 apply.
The extinguishing effect of the PEPA can be relied upon (Module BB)
If this Module does not apply, please proceed to the next Module.
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Department of Natural Resources and Mines
Module BB
Can the extinguishing effect of the PEPA be relied
upon to address native title for my proposed dealing?
Date: 8 October 2015
Queensland
Government
Module BB
Sections 47, 47A and 47B of the NTA
Can the extinguishing effect of the PEPA be relied upon
to address native title for my proposed dealing?
CAN YOU RELY UPON THE EXTINGUISHING EFFECT OF YOUR PEPA? This Module considers whether you can rely upon the
extinguishing effect of a PEPA.
You are reading this Module because you have found a PEPA
under Module BA or there is a non-public work conclusion in
QNTIME you wish to rely upon (Module AB).
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TABLE OF CONTENTS
Part 1
Introduction ........................................................................................................ 4
Part 2
Summary - two key questions........................................................................... 4
Part 3
Is the proposed dealing area currently covered by a native title claim? ............ 6
Part 4
When the native title claim was made, was the proposed dealing area at that
point in time......................................................................................................... 6
Part 5
Who makes the decision whether this module applies? .................................... 9
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Part 1
Introduction
In some circumstances, upon a determination that native title exists, the NTA requires that the
extinguishing effect of the PEPA you identified in Module BA or identified in a non-public
work QNTIME conclusion
must be ignored or disregarded. This means, at the time of the
determination, that native title rights and interests extinguished by the PEPA are in effect
revived in relation to the PEPA area. Because of this possible revival, and subject to certain
requirements being satisfied, you may now not be able to proceed with your dealing in
relation to native title by relying upon the PEPA.
Sections 47, 47A and 47B of the NTA (sometimes called the section 47 suite) are the
exception to the general rule that native title once extinguished is always extinguished.
The following diagram provides an example of how section 47B of the NTA can operate to
disregard the extinguishing effect of an historical freehold grant.
Section 47B example
Freehold
estate
granted
1886
Freehold
estate
surrendered
Native
title claim
made
Determination
that native title
exists & s47B
applies
2005
PEPA
Native title
extinguished
Part 2
Summary - two key questions
If you have identified in Module BA that there is a current or historical PEPA or there is a
non-public work QNTIME conclusion1 over your proposed dealing area, there are two key
questions you must ask before relying upon the PEPA.
1
This means a QNTIME conclusion based upon a PEPA that was the grant of a tenure or a vesting.
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Once you have answered these questions below, use the table below to determine what
action you can take based on your answer combination, i.e. whether you can rely upon the
extinguishing effect of the PEPA.
Question 1
Is the proposed dealing area currently covered by a native title claim? Refer to Part 3 for
more detail.
Question 2
When the native title claim was made was the proposed dealing area at that point in time a
particular tenure status? Refer to Part 4 for more detail.
Answer to
Answer to
Question 1
Question 2
NO
N/A
Action
Rely upon your PEPA
Return to page 13 of
Module BA.
YES
NO
Rely upon your PEPA
Return to page 13 of
Module BA.
YES
UNSURE
Forward all details of your proposed dealing to ATSILS
through your NTCO.
Remember to first enter your research into QNTIME.
YES
YES
Forward all details of your proposed dealing to ATSILS
through your NTCO.
Remember to first enter your research into QNTIME.
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Part 3
Is the proposed dealing area currently covered by a native
title claim?
The first question you need to answer is -
Is the proposed dealing area currently covered by a native title claim?
What is a native title claim for the purposes of this Module?
This term refers both to a registered native title claim and an unregistered
native title claim. It does not include a determined native title claim (ie. there
has been a native title determination for the claim).
If there is a determination of native title over your proposed dealing area, go
back and consider Module AB. The extinguishing effect of any PEPAs over
that area may have already been disregarded and therefore native title exists
or the Court may have determined that native title does not exist.
How do I find out if there is a native title claim or determination over the
proposed dealing area?
Search QNTIME to see if there is a native title claim or determination
covering your proposed dealing area
Part 4
When the native title claim was made, was the proposed
dealing area at that point in time …
The second question you may need to answer is -
When the native title claim was made, was the proposed dealing area at
that point in time …
“made”
The native title claim was made on the day the claimant application (or precombined application for a combined claimant application) was lodged in the
National Native Title Tribunal (applications before 30.9.98) or filed in the Federal
Court (applications from 30.9.98).
Search QNTIME to find the date the native title claim was made.
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“at that point in time”
This means that the current tenure status may not be relevant in answering this question. It
is the tenure status of the area at the time the claim was made that is relevant. Module
BB does not apply in Scenario 1 but applies in Scenario 2 below.
Native title
claim made
Today
Scenario 1
Reserve for
park
purposes
Unallocated
State Land
Module BB
does not
apply
Scenario 2
Unallocated
State Land
Permit to
Occupy
Module BB
applies

a pastoral lease (s47) held by –
(a) the native title claimants (ie. the applicants on the claimant application) or
other persons claiming to hold native title with those native title claimants;
(b) a trustee, on trust for any of the above persons; or
(c) a company whose only shareholders are any of those persons?
OR

a freehold estate, a lease or the area is vested in any person under legislation that
makes provision for such grants or vestings to, in or for the benefit of Aboriginal
peoples and Torres Strait Islanders OR the area is held expressly for the benefit of,
or is held on trust, or reserved, expressly for the benefit of Aboriginal peoples or
Torres Strait Islanders (s47A)?
Examples

a freehold estate granted under the Aboriginal Land Act 1991 or the Torres Strait
Islander Land Act 1991;

Aurukun Shire lease land and Mornington Island Shire lease land under the Local
Government (Aboriginal Lands) Act 1978;

a deed of grant in trust for Aboriginal purposes or Torres Strait Islander purposes
under the Land Act 1962 or the Land Act 1994;

an Aboriginal reserve under the Land Act 1962 or a reserve for Aboriginal or Torres
Strait Islander purposes under the Land Act 1994.
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OR

unallocated State land (s47B)?
“unallocated State land” for the purposes of section 47B means that the
proposed dealing area was NOT covered by a freehold estate, lease, reservation,
proclamation, dedication, condition, permission or authority, made or conferred by
the Crown in any capacity, or by the making, amendment or repeal of legislation of
the Commonwealth or the State, under which the whole or part of the land or waters
in the area is to be used for public purposes or for a particular purpose.
Examples of where Module BB cannot apply
The whole of the proposed dealing area was covered by, for example –

a reserve under land legislation;

a marine park;

an occupation licence;

a permit to occupy;

exploration permit;

a mining lease;

the Wet Tropics Management Plan 1998.
OR

NOT subject to a resumption process (s47B)?
“subject to a resumption process”
An area is subject to a resumption process when the native title claim was made if:
(a) all interests (including native title interests) last existing in relation to the area
before the native title claim was made were acquired, resumed or revoked by,
or surrendered to, the Crown in any capacity; and
(b) when that happened, the Crown had a bona fide intention of using the area
for public purposes or for a particular purpose; and
(c) the Crown still had a bona fide intention of that kind in relation to the area at
the time the native title claim was made.
Example
The Department of Environment and Resource Management wishes to establish a
museum of mapping and surveying on Lot 1 and Lot 2 on SP123658. Lot 1 is
freehold land and Lot 2 is covered by a permit to occupy for grazing purposes.
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In 2003, to get the museum project underway, the then department compulsorily
acquired –

the freehold interest over Lot 1 under the Acquisition of Land Act 1967. Lot 1
reverted to unallocated State land; and

native title rights and interests over Lot 2 and revoked the permit to occupy.
Lot 2 reverted to unallocated State land.
Since the acquisition in 2003, the department has continued with its planning and
design of the museum and has gone through a tendering process for its
construction.
Construction of the museum is scheduled to commence on 1
February 2011.
A native title claim was made over Lot 1 and Lot 2 in 2004.
Module BB would not apply in this case as Lot 1 and Lot 2 were subject to a
resumption process (which met the above definition) at the relevant times.
Part 5
Who makes the decision whether this module applies?
There are no actual delegations to make decisions in relation to native title under the Native
Title Work Procedures, the NTA or the NTQA.
The native title assessment process is just one part of your decision-making process when
making a decision under legislation, eg. a decision to grant a lease. By carrying out a native
title assessment, you are ensuring your decision complies with the NTA. However, please
ensure that, where requested in the table in Part 2 of this Module, you provide all
details to ATSILS through your NTCO.
If you are unsure how to proceed, your NTCO must be contacted for advice. If the NTCO is
unsure how to proceed, ATSILS must be contacted for advice.
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Department of Natura l Resources and M ines
Module BC
Steps to a Tenure History
Date: 8 October 2015
Queensland
Government
Module BC
Steps to a Tenure History
HOW DO I CARRY OUT A TENURE HISTORY?
Use QNTIME to –
1. check if there is a conclusion relating to your proposed
dealing area;
2. check if there is research relating to your proposed
dealing area; and
3. record your tenure & usage research for your proposed
dealing area (see Annexure 7.9).
This Module helps you carry out a tenure history. It will provide you with
some basic steps and practical examples so that you know where and
what to look for on a plan, title, lease document, etc.
Department of Natural Resources and Mines, 2015
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TABLE OF CONTENTS
Part 1
Introduction.................................................................................................................... 4
Division A
Part 2
Steps to a Tenure History
What are the steps to a tenure history? ........................................................................ 4
Division B
Investigation of Tenures
Part 3
How do I find out the current tenure status of my proposed dealing area? ................... 9
Part 4
Tenure History .............................................................................................................. 13
Division C
Part 5
Investigation of land usage
Has any land usage occurred on the proposed dealing area? .................................... 18
Division D
Checking areas
Part 6
Checking the area of the tenure ................................................................................... 20
Part 7
Confirming proposed dealing area against assessment area ...................................... 21
Division E
Part 8
Division F
Compilation of a tenure history report
How do I compile a tenure history report? ................................................................... 22
Examples
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Native Title Work Procedures – Module BC V3
Chapter 2: Exclusive Tenures
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Part 1
Introduction
The process of researching and recording the history of land parcels from the present day
status back to the original creation of the parcel is referred to as a tenure history. The
procedure for undertaking this research may vary from officer to officer, however, the main
objective of the exercise is always the same – to be able to identify what the tenure status of
the land was at any particular time in the history of the land in question.
This Module provides one view on how to undertake a tenure history. This Module is to be
used as a guide and, where applicable, a checklist for ensuring that all of the necessary steps
have been undertaken to compile a tenure history report.
There is always the possibility that the validity of a dealing may be challenged. By ensuring
that a tenure history is completed and recorded in an acceptable format, this provides the
State with necessary information to support its dealing.
This Module is set out in five divisions –
A. Steps to a tenure history
B. Investigation of Tenures;
C. Investigation of Land Usage;
D. Checking Areas;
E. Compilation of a Tenure History Report; and
F. Examples.
Division A. Steps to a tenure history
Part 2
What are the steps to a tenure history?
The following steps broadly outline the tenure history process including the use of QNTIME
when doing a tenure history. Whenever you see this symbol
QNTIME it means that
QNTIME helps you with that particular step.
Step 1
QNTIME
Check QNTIME to find out if there are any conclusions for your proposed dealing area. A
conclusion means that native title has been assessed by ATSILS as being wholly
extinguished. Before relying upon the conclusion you must consider Module BB.
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Chapter 2: Exclusive Tenures
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If there is a conclusion that covers the whole of the proposed dealing area and
Module BB does not apply, then there is no need to proceed any further in this Module. A
printout of the conclusion summary (click on the Report button) and the Keymap depicting
the conclusion must be attached to your native title assessment form to be placed on file.
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QNTIME
Step 2
Check QNTIME to find out if any research has been done over your proposed dealing area. If
any research has been done, then it may mean that –

there is a research item that is a PEPA for which a conclusion has not yet been
published. You will need to assess whether it is a PEPA in accordance with Module
BA and Module BB or Module CA or Module CB.
If you assess that a research item in QNTIME is a PEPA (and Module BB does not apply) and the research item covers the whole of the proposed dealing area then there is no need to proceed any further in this Module.
Copies of all relevant documentation must be attached to your native title assessment form and placed on file. QNTIME
Request a conclusion be published for that existing research item – refer to Annexure 7.10. OR

you may make a decision not to carry out any further tenure or usage research as there
has been a substantial amount of research already done for that parcel. In this case,
you should proceed to Chapter 5.
Step 3
QNTIME
Determine the current tenure status for the proposed dealing area.
Refer to Part 3 of this Module for further information.
Step 4
Determine whether the whole of the proposed dealing area is covered by the current tenure.
Refer to Division D of this Module for further information.
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Step 5
Use Module BA, which deals with previous grants and vestings of exclusive possession, to
determine whether the current tenure is a PEPA.
If the current tenure meets the requirements of Module BA (and Module BB does not
apply) AND covers the whole of the proposed dealing area then there is no need to proceed
any further in this Module.
Copies of all relevant documentation must be attached to your native title assessment form
and placed on file.
QNTIME
Enter your research in to QNTIME – refer to Annexure 7.9 – and then
request a conclusion be published for that research – refer to Annexure 7.10.
Step 6
If it is concluded that the current tenure does not cover the whole of the proposed dealing
area or does not fall within Module BA, then further tenure research is required.
QNTIME
However, so that others can benefit from your research, enter your research
in to QNTIME – refer to Annexure 7.9.
Please refer to Part 4 for further details regarding tenure research.
Step 7
If during the tenure research process, a tenure has been identified that was granted or
vested on or before 23 December 1996, an assessment of that tenure needs to be made to
see whether it meets the requirements of Module BA.
If the tenure meets the requirements of Module BA (and Module BB does not apply)
AND covers the entire proposed dealing area (see Division D) then there is no need to
proceed any further in this Module. Copies of all relevant documentation must be attached to
your native title assessment and placed on file.
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QNTIME
Enter your research in to QNTIME – refer to Annexure 7.9 – and then
request a conclusion be published for the relevant research item – refer to
Annexure 7.10.
Step 8
If there are no tenures which meet the requirements of Module BA, then it will be necessary
to conduct land usage research to identify any current or past usage that would have affected
the proposed dealing area.
Please refer to Division C of this Module.
QNTIME
However, so that others can benefit from your tenure research, still enter that
research in to QNTIME – refer to Annexure 7.9.
If a public work (including a dedicated road) has been identified and meets the
requirements of Module CA or Module CB AND covers, including the section 251D area, the
whole of the proposed dealing area (see Division D) then there is no need to proceed any
further.
Copies of all relevant documentation must be attached to your native title assessment and
placed on file.
QNTIME Enter your usage research in to QNTIME – refer to Annexure 7.9 – and then
request a conclusion be published for the relevant research item – refer to
Annexure 7.10.
Step 9
QNTIME
If you have not done so already, at the completion of the tenure and usage research, a tenure
history report should be completed and/or your research findings, through entering research
items for your research boundary, should be entered in to QNTIME.
Please refer to Division E for information on tenure history reports and Annexure 7.9
for details on the type of information to include when entering research boundaries
and research items in to QNTIME.
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Division B. Investigation of Tenures
Part 3 How do I find out the current tenure status of my proposed
dealing area?
For the purposes of this Module, current tenure status is defined as the
current tenure or lack of tenure over the proposed dealing area. For example,
the current tenure status could be a freehold estate, a residential lease, a
permit to occupy or unallocated State land.
To find out the current tenure status of your proposed dealing area, you can –
a)
do a specific parcel report on QNTIME;
b)
search the SmartMap Information Services (SMIS) database; and/or
c)
search the Automated Titling System (ATS).
Some helpful hints…
You may find the following hints helpful when determining the current tenure status for your
proposed dealing area -
Freehold & DOGITS
If the land on the SmartMap or QNTIME is noted as freehold land (including DOGIT land),
current title details can be obtained through a search of ATS. As titles are no longer issued in
paper form, most recent grants of freehold (April 1994 onwards) will not be imaged. However,
depending on when the grant was issued, an image of the deed or the certificate of title may
be available from ATSViewer. A copy of the survey plan can also be obtained from
ATSViewer.
Refer to Example 2 of Division F of this Module.
Leasehold
If the land on the SmartMap or QNTIME is noted as leasehold land, current title details can be
obtained through a search of ATS. As leasehold titles are no longer issued in paper form,
there will not be an image of a lease instrument for leases issued after 2000. However,
depending on when the grant was issued, an image of the instrument of lease may be
available from ATSViewer. A copy of the survey or compiled plan can also be obtained from
ATSViewer. Where the instrument of lease has not been imaged, DERM can be requested to
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conduct a search of the relevant file to find out if there is a copy of the instrument of lease on
the file.
Reserves
If land on the SmartMap or QNTIME is noted as reserved land, current details of the reserve
may be obtained through a search of the ATS reserves database. The Government Gazette
details for the dedication of the reserve can be found on the ATS reserve search. Although
there is an ATS record for each reserve, they do not have a “title”. In order to search other
material about the dedication and use of the reserve, e.g. trustee leases, DERM will need to
be consulted to obtain access to the relevant reserve file. A copy of the survey or compiled
plan, and if applicable a trustee lease, can be obtained from ATSViewer.
Refer to Example 3 of Division F of this Module.
Unallocated State Land (USL)
A current title search for USL can be obtained from ATS. The Survey search (CISP) will
provide you with information about any previous description of the USL and there may also be
references, in the form of notations, to Road Cases, leases, freehold grants, etc. on these
plans. If applicable, a copy of the survey or compiled plan can be obtained from ATSViewer.
Roads
Refer to Module CB for areas dedicated as road.
(a) QNTIME specific parcel report
QNTIME
A Specific Parcel Report in QNTIME for a particular parcel displays the current tenure type in
the DCDB (Digital Cadastre Database) results table. It will advise you that it is one of the
followingAP
CA
CV
EA
EP
FD
FH
FL
FR
HM
HL
Action Pending
Commonwealth Acquisition
Covenant
Easement
Easement Proposed
Depth of Plans
Freehold
Freehold Lease
Forest Reserve
Boat Harbours
Housing Land
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ID
LL
MP
MR
MT
NP
PH
PP
RE
RY
SF
SL
TP
TR
WR
(b)
Industrial Estates
Lands Lease
Marine Park
Main Road
Mines Tenure
National Park
Port and Harbour Boards
Profit A Prendre
Reserve
Railway
State Forest
State Land
Transferred Property
Timber Reserve
Water Resource
Lands Lease could mean a
pastoral holding, a grazing
homestead perpetual lease,
a special lease, a permit to
occupy etc..
State Land means
unallocated State
land
SMIS search
You can find out the same information by obtaining a copy of the current SmartMap from the
SMIS database.
Please refer to Example 1 in Division F of this Module.
How do I obtain a SMARTMAP?
DERM Officers: Access the SMIS database which will allow you to print a
SMARTMAP for your proposed dealing area.
Officers of other Agencies: If you do not have access to SMIS you will
need to go to a DERM Client Service Centre and purchase a SMARTMAP.
“SMIS” is a departmental tool which enables users to access certain
datasets and attributes in relation to land parcels within Queensland.
The information found in the DCDB results in QNTIME and on the SmartMap itself is very
basic and does not advise you for example what type of lease (eg. does LL represent a
grazing homestead perpetual lease?) or the purpose of the reserve (eg. does RE represent a
reserve for showground purposes?)
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DCDB data in QNTIME and on the SmartMap identify whether areas of land
are held under tenure. As these information sources are not regarded as the
‘point of truth’, confirm the tenure details through a search of the Automated
Titling System (ATS).
(c)
ATS and ATSViewer
A search of the ATS database provides you with the current and historical tenure details for a
particular parcel.
ATSViewer is a DERM tool which enables titles, lease instruments and
survey plans which have been imaged to be viewed.
You can obtain a copy of –

the current title or reserve search through ATS;

the title or lease document, etc, through ATS and ATSViewer; and

the relevant survey or compiled plan, through ATS and ATSViewer.
How do I obtain copies of titles, lease documents, survey plans and compiled
plans?
DERM Officers: A search on ATS can be undertaken using the Lot on Plan descriptions
from the SmartMap or the current survey or compiled plan. ATS provides you with an
internal current or historical title or reserve search for the proposed dealing area. An
image of a historical freehold or leasehold instrument and the relevant survey/compiled
plans may be obtained from ATSViewer. NB. To retrieve an imaged copy of a title or
lease, that particular grant must have been issued with a Volume Folio reference. All
freehold grants have Volume Folio references, however, not all leases do.
Officers of other Agencies: A request can be made at a DERM Client Service Centre
for the purchase of an external search and/or imaged title, lease instrument or
survey/compiled plan from ATS. If there are no images, you can request DERM to
undertake a historical search of the previous titles over the lands in question. If there is
no image of the current leasehold instrument, you can request DERM to search its
leasehold file.
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Part 4
Tenure History
This Part helps you undertake a tenure history for the proposed dealing area. Section A
provides you with a summary of the resources that are available to help you in your tenure
research. Section B provides you with some practical tips for your tenure research.
A.
Available Resources to help you in your tenure research
Not all of the available resources listed below are accessible by agencies outside of
DERM. Where access cannot be obtained, a DERM Client Service Centre should be
contacted in the first instance to handle any requests.
ATS Reports
These reports provide a starting point to reveal the history of a parcel of land.
Examples 2 & 3 in Division F provides helpful hints on the type of information
displayed on the report.
Survey and Compiled Plans
A survey or compiled plan is an accurate record of the history of the majority of land tenures
in Queensland. Survey and compiled plans existed before ATS was developed and
references to important historical information can be located on these plans.
Refer to the below information box and Example 4 in Division F.
Information that can be found on a survey or compiled plan

Authority – Typically, this provides a reference to an “old Lands Department” file which
would have instigated the need to draw the relevant plan. Examples of this include where a
plan was required to be drawn for the purpose of issuing a lease or to show the amendment
of an area as a result of a road opening or closure action. The Authority is generally located
at the bottom of the plan.

Previous Plan – There may be a reference to the previous lot and plan on the new plan
located at the bottom of the current plan. ATSViewer provides an easy way to work through
the history of a plan.
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
Particulars Table (Tenures) – There is no consistent name for this component of a plan,
however, for the purpose of this document, it has been named as the Particulars Table. This
table provides a running history with respect to the tenures that have been issued over the
parcels depicted on the plan. In the event that ATS is unable to provide an imaged copy of
the instrument, then the File reference noted in the Particulars Table provides the next lead.
Normally, the table is located at the top centre of the plan.

Notations – Most plans will have a wide range of notations recorded on them. These can
vary from reserve details to road actions or lease details. These become particularly useful
when other leads have proved fruitless.
ATSViewer
This is a software tool that has been developed in association with ATS. ATSViewer allows
imaged copies of plans, leases and titles to be viewed on screen and printed. As ATSViewer
has the capability to compile a running list of documents retrieved, this becomes a valuable
tool when progressing through the history of a parcel.
SMIS (SmartMap Information Services)
SMIS provides a mechanism to conduct tenure and cadastre related searches on certain
DERM databases whilst within the one environment.
Cadastre – a depiction, either paper based or digitally, of the extent and
position of tenures and other features such as creeks and rivers in relation to
each other.
QNTIME
CISP (Computer Inventory of Survey Plans)
CISP contains textual information about all plans lodged and parcels in Queensland. The
application has the ability to search on historical descriptions and lot on plan descriptions.
The Survey Search and Survey Plan components of CISP can be accessed through SMIS
and by doing a Specific Parcel Report in QNTIME.
TAS (Tenure Administration System)
QNTIME
TAS information can also be accessed through a Specific Parcel Report in QNTIME and
provides details on current and some historical tenures for that particular parcel.
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IMPORTANT - TAS does not show every tenure that has been granted over time for a
particular parcel.
Notings
The Notings Database is a system that captures and maintains the handwritten notations that
were originally contained on hard copy working maps. It also provides both textual and
graphical enquiry capabilities. The Notings application is accessed through SMIS and can
assist in identifying file references and other leads for tenure research.
Recfind
Recfind is a DERM Document Management System (DMS) that can used to track
Departmental files. It has the capability to search and retrieve information previously recorded
and also has an Archival and Retention module.
Example
A file reference has been identified on a survey plan which was drawn in 1925. On the
plan it shows that the proposed dealing area was previously held as Agricultural Farm
No. 1234.
This reference can be entered into Recfind to determine the location of the file and
enable it to be retrieved.
Working Files
The working files for particular leases or certain actions carried out by a department e.g. road
closures, contain a wealth of information with respect to the history of the administration of the
land. It is within these files that critical information may be obtained that would otherwise not
be available on information systems such as ATS.
Parish & Town Maps
These forms of maps are no longer produced or maintained, however, they were previously
the main method in recording DERM dealings within a particular parish or town. Information
regarding proposed dealings were also placed on the map in the form of notations. Notations
were used to indicate the various activities that were proposed or had occurred in an area.
Now the maps have become a valuable research tool for conducting tenure histories as they
also contain references to leasehold tenures.
State Archives
The Queensland State Archives holds the public records of Queensland which include an
extensive set of historical documents, files and maps in relation to the settlement and
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administration of Queensland. Information on tenures issued over the various districts and
regions within the State can be obtained from State Archives.
Government Gazettes
Queensland and Commonwealth Government Gazettes can provide essential pieces of
evidence when tracing the history of a parcel. The type of information that can be obtained
from a gazette can range from the opening or closing of road to the sale, lease or reservation
of land. Departmental libraries can assist in locating relevant gazette notices.
B.
Practical Tips
The following provides you with some practical tips when doing your tenure research.
Freehold and leasehold grants
Searches of ATS and working files are conducted to identify:

Title Reference;

Ownership;

Area;

Commencement Date;

Date created;

Term and purpose (leasehold);

Lease conditions;

Encumbrances and exclusions;

Previous title/reference; and

Exclusions.
Please refer to Example 2 in Division F of this Module for further details.
If the current tenure is freehold, an historical tenures search of ATS will need to be
performed to ascertain details of any grant of tenure prior to the current title and obtain an
image of that title. For freehold which was converted from leasehold, it may be necessary to
request DERM to search its leasehold file to obtain a copy of the instrument of lease for the
previous tenure.
In most cases a previous title reference may be obtained from an ATS report. Using ATS, it
may be possible to extract a report for that previous title depending on the date that it was
issued.
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Please see Example 2 of Division F of this Module for details on where this
information is located on the ATS report.
One benefit in working back through the tenure history of a freehold parcel is that an original
deed of grant may be identified which not only covers the proposed dealing area but also a
number of adjoining parcels. In this regard, the research that has been undertaken may
reduce future research tasks in the same locality.
Typically, if an original deed of grant was issued (and it is not the current title), then a
reference to that grant will appear in the Easements, Encumbrances and Interests section of
the ATS report.
If the current tenure is leasehold, ATS or the relevant survey or compiled plan may be used
to obtain details of any previous tenure. In addition to this, the relevant working file should
contain references to any previous grant that was issued over the land.
It is a matter of preference in terms of which method is used, however, for the purpose of this
document, it is recommended that the current plan is the first piece of evidence to use. A
survey or compiled plan contains a number of potential leads in tracing the history of a parcel.
As a general rule of thumb, if a parcel of land has been or is presently leased, then a
reference to that grant will be made on the relevant plan. The locations of these references
are not always in the same place. It is a matter of examining the entire plan to locate the
proposed dealing area and determining if there are any notations that affect that area.
Reserved land
Searches of ATS and working files are conducted to identify: 
Purpose of the reservation;

Area;

Gazette date/date created;

Ownership/trusteeship; and

Encumbrances – eg Trustee leases.
As the creation of a reserve in itself does not wholly extinguish native title, the tenure
research process may be substantially longer than if the tenure was freehold or leasehold.
The most efficient and accurate method in tracing the history of reserved land is by
investigating the current plan and any past plans.
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By working through these plans, it is possible to ascertain what the status of the land was
prior to the original gazettal of the reserve. References to the dates of gazette notices and
associated file references are noted on each plan.
Reserve working files can be used to determine if a trustee lease exists or was ever in
existence over the whole or part of the reserve. An ATS report may also indicate the
existence of a lease. In this regard, it will be necessary to check the Easements,
Encumbrances and Interests section of the ATS report.
Please refer to Example 3 of Division F of this Module for further details.
USL
Investigating the tenure history of USL can often prove to be a difficult task. The percentage
of tenure histories that do not reveal any previous extinguishing grants or valid public works
will be far greater if the current status of a parcel is USL.
As a result, it will be necessary to start investigating surrounding areas for potential leads.
Adjoining tenures such as leasehold or freehold may assist in the research process.
The Available Resources mentioned in Section A should be used for guidance on what tools
can assist in the research process.
Division C. Investigation of Land Usage
Part 5 Has any land usage occurred on the proposed dealing
area?
The current and historical tenures you identified for your proposed dealing area, play an
important part in identifying potential usage and/or development which may have affected
native title. The type of usage that you are looking for is that which satisfies the definition of
public work in Module CA.
Section A provides you with a summary of the resources that are available to help you in your
land usage research. Section B provides you with some practical tips for your land usage
research.
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A.
Available Resources
Not all of the available resources listed below are accessible by agencies outside of
DERM. Where access cannot be obtained, a DERM Client Service Centre should be
contacted in the first instance to handle any requests.
Aerial Photography
Aerial photographs are a primary source of determining what activity has taken place on
areas of land and water and can be a reliable source of evidence when making assessments
based on land usage. SMIS can be used to indicate what aerial photography exists over
certain areas.
Refer to Example 5 in Division F of this Module.
Field Notes (Survey Plans)
These are basically a textual description by the surveyor who undertook the survey. They are
rarely used, however, they can assist in confirming boundary details or existence of other
natural features when the physical plan is illegible or damaged.
Survey Plans
Natural and other features such as creeks, scrub, vegetation types and clearings can be
noted on survey plans. This type of information can assist when investigating the usage of a
parcel. Some plans may also contain notations in respect of certain improvements that exist
on the land e.g. for reserved land. If this is the case, then the date the plan was drawn may
provide an ideal starting point for land use investigations.
Working Files
The working files for particular leases and reserves contain a wealth of information with
respect to the history of the land. It is within these files that critical information regarding the
construction and use of improvements or public works may be obtained.
Land Inspection / Valuer Reports
Generally, if a Land Inspector or Valuer has carried out an inspection of a site, then an
accompanying report would have been placed on the associated working file. The report
contains a wide range of information including current and past usage of the land and the
nature and extent of any improvements.
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B.
Practical Tips
When conducting land use investigations, the following criteria need to be identified: 
Type of work carried out;

Date of construction;

Authority – who permitted the works to be carried out;

Validity - was it in accordance with the purpose of the reservation or grant;

Ownership – who was responsible for the establishment of the works; and

Area or extent of usage (including the section 251D area).
Section 251D of the NTA also states that a reference to land or waters on which a public work
is constructed, established or situated includes a reference to any adjacent land or waters the
use of which is or was necessary for, or incidental to, the construction, establishment or
operation of the work.
Although the public work itself may not have been constructed on the proposed dealing area,
it may have been an area necessary or incidental to the construction of a public work. In this
regard, any adjoining public works should be investigated.
Please refer to Module CA for a further explanation and examples of how section 251D of the
NTA is applied.
Division D. Checking Areas
Part 6
Checking the area of the tenure
It is important to check that your proposed dealing area either –
(a) matches the area over which the tenure was granted; or
(b) falls within the area over which the tenure was granted.
This is because an area of land may have changed over time, not only in its description but
also due to amalgamations, excisions or simply due to boundary corrections.
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Example
1960 – Original Gazettal of Reserve
1962 – Trustee Lease issued
1975 – Trustee Lease expired
1997 – Amendment of Reserve to include
‘Additional area’
Additional area
Points

Native title is extinguished over hachured area by valid grant of trustee lease that has
been assessed as a PEPA.

Extinguishment does not include the Additional area.

Additional area of the reserve cannot be developed under s24JA because it was not
gazetted on or before 23 December 1996.

Evidence needs to be found that native title is extinguished over the additional area if
your proposed dealing includes the additional area.
Part 7
Confirming proposed dealing area against assessment area
There are limited tools which can assist in determining whether the entire proposed dealing
area is covered by the grant or usage being investigated.
The creation of a SmartMap or current tenure overlay (at the same scale) will in most cases
identify if the grant or usage being relied upon covers the entire dealing area.
For more complex jobs, officers with cartographic experience may be able to provide
assistance in compiling the overlay.
A practical tip to note is that survey plans are sometimes “marked up” or updated and what is
displayed on ATSViewer isn’t necessarily what the original survey plan looked like. In some
instances it will be necessary to obtain a copy of the original plan to confirm what the
boundaries were at the time the plan was drawn.
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Division E. Compilation of a Tenure History
Report
Part 8
QNTIME
How do I compile a Tenure History Report?
If your record your tenure and usage research in QNTIME there is no
need to also do a separate tenure history report. Your tenure history in
QNTIME, done through entering research items for your research
boundary, can be printed as a report – select the Report button in the
research boundary view, then print.
The main objective of a tenure history is to be able to identify what the status of the proposed
dealing area was at any particular stage. All aspects of the research should be recorded in
the Tenure History Report to ensure that there are no gaps in the report and that a correct
decision is made.
An accepted format for a tenure history report and the minimum requirements with respect to
the level of detail to be presented is set out below.
As some tenure histories can become quite complex, the report needs to be clear and
structured in a manner which will enable the reader to easily interpret the information that has
been collated. The body of the report is written in chronological order.
For each piece of evidence that is referenced in the Tenure History Report, a corresponding
Annexure reference should be allocated to include a copy of the relevant piece of evidence.
All Annexure references are to be shown in bold.
There will be instances where the report will ‘branch off’ as a result of the proposed dealing
area being made up of a couple or many previous tenures. Where this occurs, it will be
necessary to split the report into corresponding sections and record the tenure history of
those parcels.
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Tenure History Report
DEPARTMENT OF ENVIRONMENT AND RESOURCE MANAGEMENT
TENURE HISTORY REPORT
PRESENT LAND STATUS:
Description: Lot on Plan
Tenure:
Title Reference: Area:
See SmartMap: Annexure 1 See ATS Search: Annexure 2 (if applicable) See Plan: Annexure 3 (if applicable) PREVIOUS HISTORY
Period/Date
Tenure
Prior to ../../….
A search of departmental records failed to locate any dealings over the proposed
(This first row won’t be
dealing area
required if an extinguishing
grant has been identified)
../../… (date)
Tenure: Special Lease No. 12345
Description: Lot on Plan
Commenced:
Purpose:
Term:
Area:
See Instrument of Lease: Annexure 4
See Plan: Annexure 5
Source Reference: Special Lease No. 12345
../../…. (date)
By notification dated ../../…. And published in the gazette on ../../…. pages ____, Lot
_ was offered for sale as Special Lease tenure.
See Gazette: Annexure 6
See Plan: Annexure 7
Source Reference: Special Lease No. 12345
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Division F. Examples
Example 1 - SmartMap
42
44
151°33'41".24
46
151°34'00"
1
9
ET
KE
FH
730
90
OW
LL
2
24°19'30"
807
M4757
FH
1247m²
2825m²
804
M4757
L
NOVE
FH
BA
TE
S
912
M4757
1492m²
805
806
M4757
M4757
ST
911
10
M4757
M4757
901
M4757
I
TE
1.18ha
ST
FH
1239m²
902
M4757
43
88
FH
1265m²
FH
RP608926
CH
P42431
1169m²
RE
ET
M
730
2023m²
FD924
ST
Subject parcel
and description
54
FD651
907
M4757
1095m²
904
M4757
905
906
M4757
M4757
AN
88
RE
Tenure
status
– RE
FH
is Reserve
1151m²
RY
90
FD693
L
67
USL
2
43269
2023m²
4
RP
M47520
RY
605601 1
1
RP
1
1214m²
1
RP
BL
RP 605601
OM
RP 602651
603848
FIE
LD 602725
1
ST
5
1
RP
RP
RP
RO
603812
6
AD
603812
2 604828 4
RP
3.237ha
RP604828RP603812
7
603812
3
RP
RP603812
8
603812
1
RP
11
RP609632
603812
RP
1
603812
12
FD751
RP603812
FH
24°19'51".65
Parcel
details
ROE ST
84 00 m3.886ha
N
CL
AU
DE
730
W
86
3
RO
M47513
LA
R
SO
N
LL
1.33ha
2
RP
7
RP601401
2
3700m²
RO
45.04ha
AD
84
RP902490
609632
FH
24°19'51".65
RY
3.237ha
52.62ha
151°33'41".24
151°34'00"
35
STANDARD MAP NUMBER
9249-34244
A
ST
HA
RT
O
N
1
2
RP
RP
609090
12
609090
4
303
M
RP
M4753
47519
100
609090
FH
RP
311
864405
M
1983m²
4753
310
101
RP864405
FH
M
1619
4753
FH
m²
1619
2704m²
m²
ST
SOUTH S
T
DR
IV
E
FH
1
M47522
LL
D
EE
T
2
M4758
FH
2016m²
7
RP601401
T
ST
R
M47521
ATI
EE
T
S
1
RO
E
ST
R
4.029ha
S TREE T
ON
RE
1
RP
2
RP
2 606466
RP
2 606466
A
604737 RP
RP
615978
604737
1 RP6159782
3794m²
604544
1
RP
RP615978
5
RP
FH
612528
RP 1
600922
1
2093m²
619599 RP
209
RP
M4751
4 604687
612528
RP
FH
2
619599
RP
2023m²
1
604687
RP604814
2
RP604814
2023m²
86
0m²
LA
RS
ON
FH
2023m²
ST
BL 70
OM FD685
FI
EL
2
D
1
RP
202
M4751
N
SO
AR
201
M4751
FH
42 00m E
0
44
100
200
300
400
500
m
HORIZONTAL DATUM - GDA94
SCALE 1 : 5000
0.53 KM
SmartMap
An External Product of the
Basic Land Information Network
SUBJECT PARCEL DESCRIPTION
CLIENT SERVICE STANDARDS
151°33'54"
MIRIAM VALE
151°34'05".91
46
MAP WINDOW POSITION &
NEAREST LOCALITY
24°19'38"
90
59
1
RP881504
FH
903
M4757
AP
859954
ROAD
ST
809
808
M4757 M4757
1
RP616482
8325m²
RP
FINGERBO
ARD
2290m²
STREET
2
3
SP140362
140362
FH
16.72ha
5
CP897399
32.848ha
LARSON
1
RP611448
1119m²
2
CP897399
1
STRE
24°19'30"SP
FH
TIE
FH
1.405ha
24°19'24".98
FH
TH
OR
N
L
NOVE
RP606414
2
SP140362
FH
8325m²
ES
FD225
2
RP859954
RD
24°19'24".98
151°34'05".91
DCDB
Lot/Plan
LEGEND
Based upon an extraction from the
Digital Cadastral Data Base
PRINTED (dd/mm/yyyy) 20/2/2003
54/FD651
(Important Notice: The information
Area/Volume
4.029ha
Tenure
RESERVE
its ACCURACY is NOT GUARANTEED)
Local Government
Locality
MIRIAM VALE SHIRE
MIRIAM VALE
DCDB
Parish
MIRIAM VALE
County
FLINDERS
Parcel/Segment
4/43269
hereon is NOT an OFFICIAL RECORD and
19/02/2003
For symbology see the BLIN Abbreviations
Sheet.
GDA
Department of Natural Resources and Mines, 2015
Native Title Work Procedures – Module BC V3
Queensland
Government
Natural Resources
and Mines
(c) The State of Queensland,
Department of Natural Resources & Mines, 2003.
Chapter 2: Exclusive Tenures
24
Example 2 - ATS Report for a freehold parcel
Current title reference
HISTORICAL TITLE SEARCH
ENVIRONMENT AND RESOURCE MANAGEMENT, QUEENSLAND
Search Date: 10/02/2011
2:55 pm
Title Reference: 00000000
Date Created: 22/12/1987
REGISTERED OWNER
Interest
Dealing No: 703999999 09/02/2000
Title holders
DAVID MURE
FRANK WHITE
Date title was
created
1/2
1/2
AS TENANTS IN COMMON
TRANSFER No 111111140
DAVID MURE TENANT IN COMMON 1/2
FRANK WHITE TENANT IN COMMON 1/2
Produced at 14:52 on 09/02/2000 Recorded at 16:20 on 10/02/2000
ESTATE AND LAND
Estate in Fee Simple
LOT 59
Property
description
CROWN PLAN FD924
County of FLINDERS
Parish of MIRIAM VALE
Local Government: MIRIAM VALE
EASEMENTS, ENCUMBRANCES AND INTERESTS
1. MORTGAGE No 00000001
WESTPAC BANKING CORPORATION A.R.B.N. 007 457 141
Produced at 14:53 on 09/02/2000 Recorded at 16:20 on 10/02/2000
2. APPLICATION FOR TITLE No 999999999
A Certificate of Title has been issued
Produced at 11:45 on 27/05/1999 Recorded at 11:45 on 28/05/1999
3. RELEASE No 999999999
MORTGAGE: 999999999 (C589629D)
Produced at 11:43 on 27/05/1999 Recorded at 11:45 on 28/05/1999
4. MORTGAGE No 999999999 (C589629D) CANCELLED BY 703361050
TO COMMONWEALTH DEVELOPMENT BANK OF AUSTRALIA
Produced at 00:00 on 09/02/1990 Recorded at 00:00 on 09/02/1990
5. Rights and interests reserved to the Crown by
Deed of Grant No. 30574192 (Lot 59 on CP FD924)
Reference to
original deed of
grant
Page 1/-
Department of Natural Resources and Mines, 2015
Native Title Work Procedures – Module BC V3
Chapter 2: Exclusive Tenures
25
HISTORICAL TITLE SEARCH
ENVIRONMENT AND RESOURCE MANAGEMENT, QUEENSLAND
Search Date: 10/02/2011
2:55 pm
Title Reference: 00000000
Date Created: 22/12/1987
ADMINISTRATIVE ADVICES - NIL
UNREGISTERED DEALINGS - NIL
CERTIFICATE OF TITLE ISSUED - No
Caution - Charges do not necessarily appear in order of priority
** End of Historical Title Search **
Page 2/2
Department of Natural Resources and Mines, 2015
Native Title Work Procedures – Module BC V3
Chapter 2: Exclusive Tenures
26
Example 3 - ATS Report for a reserve
HISTORICAL RESERVE SEARCH
ENVIRONMENT AND RESOURCE MANAGEMENT, QUEENSLAND
Search Date: 20/02/2011
Opening Ref:
Purpose:
Sub-Purpose:
Local Name:
Address:
County (R) No:
File Ref:
8:08 am
SG 37-26770
RECREATION
Current title
reference
Title Reference: 49002669
Date Created: 24/07/1937
PAGE: 241
Reserve purpose
Date reserve
was created
LARSON ST., MIRIAM VALE
R221 FLINDERS
RES 6240 TRUSTEES
Trustees
COUNCIL OF THE SHIRE OF MIRIAM VALE Gazetted on
01/07/1994 Page 1114-1115 AMENDMENT TO RESERVE TRUSTEES No 705907813 FROM IAN WILLIAM SMITH GAZETTED ON 02/03/1968 PAGE 862
ALAN PHILIP SMALLCOMBE GAZETTED ON 02/03/1968 PAGE 862
WILLIAM GEORGE THORNE GAZETTED ON 21/02/1981 PAGE 477
RONALD ALEXANDER STEPHENSON GAZETTED ON 21/02/1981 PAGE 477 BERNARD JOSEPH MOSSMAN GAZETTED ON 21/02/1981 PAGE 477 ADDRESS: C/- SHIRE CLERK,MIRIAM VALE S/C, 4677
TO COUNCIL OF THE SHIRE OF MIRIAM VALE GAZETTED ON 01-JUL-1994 PAGE 1114-1115 ADDRESS: Produced at 15:08 on 28/08/2002 Recorded at 15:08 on 28/08/2002 AMENDMENT TO RESERVE TRUSTEES No 704246367 From BERNARD JOSEPH MOSSMAN Gazetted on 21/02/1981 Page 477
RONALD ALEXANDER STEPHENSON Gazetted on 21/02/1981 Page 477 WILLIAM GEORGE THORNE Gazetted on 21/02/1981 Page 477 ALAN PHILIP SMALLCOMBE Gazetted on 02/03/1968 Page 862
IAN WILLIAM SMITH Gazetted on 02/03/1968 Page 862 Address: C/- SHIRE CLERK,MIRIAM VALE S/C, 4677
To BERNARD JOSEPH MOSSMAN Gazetted on 21/02/1981 Page 477
RONALD ALEXANDER STEPHENSON Gazetted on 21/02/1981 Page 477 WILLIAM GEORGE THORNE Gazetted on 21/02/1981 Page 477 ALAN PHILIP SMALLCOMBE Gazetted on 02/03/1968 Page 862
IAN WILLIAM SMITH Gazetted on 02/03/1968 Page 862 Address: C/- SHIRE CLERK,MIRIAM VALE S/C, 4677 Produced at 14:13 on 11/08/2000 Recorded at 14:13 on 11/08/2000 Page 1/-
Department of Natural Resources and Mines, 2015
Native Title Work Procedures – Module BC V3
Chapter 2: Exclusive Tenures
27
HISTORICAL RESERVE SEARCH
ENVIRONMENT AND RESOURCE MANAGEMENT, QUEENSLAND
Search Date: 20/02/2011
8:08 am
Title Reference: 49002669
Date Created: 24/07/1937
PAGE: 241
LAND DESCRIPTION
LOT 54
Area:
CROWN PLAN FD651
GAZETTED ON 24/07/1937 PAGE 241
County of FLINDERS
Parish of MIRIAM VALE
Local Government: MIRIAM VALE
4.029000 Ha.
(SURVEYED)
EASEMENTS AND ENCUMBRANCES
1. RESERVE BY-LAWS No 602823643 (4)
MODEL BY-LAWS HAVE BEEN ADOPTED
Produced at 12:27 on 02/07/1996 Recorded at 12:27 on 02/07/1996
ADMINISTRATIVE ADVICES - NIL
UNREGISTERED DEALINGS - NIL
CERTIFICATE OF TITLE ISSUED - No
Caution - Charges do not necessarily appear in order of priority
** End of Historical Reserve Search **
Page 2/2
Department of Natural Resources and Mines, 2015
Native Title Work Procedures – Module BC V3
Chapter 2: Exclusive Tenures
28
Example 4 - Survey Plan
Particulars
Table
Subject lot
Plan Type
Authority
Department of Natural Resources and Mines, 2015
Native Title Work Procedures – Module BC V3
Chapter 2: Exclusive Tenures
29
Example 5 - Aerial photo
Improvements
Clearing
Date photo
taken
Department of Natural Resources and Mines, 2015
Native Title Work Procedures – Module BC V3
Flight details
Chapter 2: Exclusive Tenures
30