Legislation passed by the government this week will allow "a conditional right of public access, to be assessed on a case by case basis, to an area of beach, which as a result of erosion, falls within the boundaries of private land".

It means that land, technically belonging to a home owner whose property backs on to a beach, which extends on to the sand, could be used by the public, if a storm or other natural event limits access to the beach.

While in most cases the land within the mostly invisible private boundary was already accessed by the public when the majority of the public beach had been washed away, there had been a small amount of cases where the homeowner had attempted to stop it.

This law gives councils the right to enable freehold and leasehold land to be made available for public use, if it judges the circumstances are right to allow it.

The home owner will be absolved of the liability, except in the case of "a direct act or omission by the owner that creates a risk and the owner was intending to create the risk or was reckless as to the creation of the risk".

Natural Resources Minister Andrew Cripps, who introduced the amendment to the Land Act as part of the Indigenous free hold legislation, said the government believed "all Queenslanders should have the right to access the beach".

"We promised to grow tourism as one the four pillars of the economy and making the rules around beach access clearer delivers on our strong plan to deliver a brighter future for Queensland," he said.

"Locals and visitors alike love the coast and this legislation ensures Queenslanders can continue to freely access our magnificent beaches."